Law Office Of D. M. Godley, Esq. PLLC.
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Law Office Of D. M. Godley, Esq. PLLC.
Call For A Free Consultation.
Monday to Saturday.
8am - 8pm.
Being caught in the act of drug possession leaves your whole world upside down. You go about your day, and the next thing you have handcuffs around your wrists, and you are on charges that may destroy your employment, ruin your family life, and be with you forever.
The panic that sets in is real. You cannot tell what will come next; you are scared of what will happen, and you are wondering how to solve this mess.
The majority believes that there is a default conviction for drug possession. That’s not true. There are too many steps, rules, and procedures in the legal system that police and prosecutors must follow.
When they fail, which they often do, legal opportunities for the defense arise. A good drug possession lawyer in Arizona is in a position to know where to seek these errors and how to leverage them to your advantage.
We will go step by step on how defense attorneys construct a case, from the time you are arrested to the point that you might have your charges dismissed altogether.
The arrest itself may seem like the final, but this is only the start. The rest is yet to come—and this is exactly where you can find some of the best opportunities for your defense.
The thing is, the police cannot stop you randomly. When you are on the road, they require something tangible, such as a broken taillight, running the red light, or speeding. They need legitimate and precise reasons to suspect that you were engaging in something unlawful.
Your lawyer will review the police reports and any video from the traffic stop. There is even gold in it sometimes. The policeman might say he pulled you over for a broken taillight, but the video shows your taillights were working.
Once the first stop was bad, everything that followed, such as drug detection, can be thrown out. This is what lawyers for possession of drugs near Scottsdale, AZ, refer to as an element of the fruit of the poisonous tree—and it is a good method of dismissing cases.
The fact that a cop pulled you over does not give him the free license to search anywhere he pleases. The Constitution will keep unreasonable searches off your hands. You can only be searched by the police when:
Defense lawyers hard examine whether any of these were actually in force. Did you feel threatened or frightened about giving consent?
Many people who go through a police search agree because they feel they need to. That’s not real consent. These facts are important to a greater extent than you might believe.
After your attorney has been able to see what transpired during the arrest, it is time to get down to business.
In drug cases, you must have had those drugs, and the prosecutor must prove beyond a reasonable doubt. This is easier said than done.
Consider the distinction between the drugs in your pocket and the drugs in a car with four people in it. Drugs in your pocket? True ownership is more difficult to combat. But drugs crammed in the back seat of your friend’s car, as you are only a passenger? That is constructive possession, and it is far weaker.
This is even enhanced when more than two individuals are involved in the access to the drugs. Suppose you are living with two roommates, and the police find drugs in the living room. Which of you had any? It must be shown that it was you, not someone in that apartment.
To identify that it is illegal drugs, police must actually test the substances. Your attorney will track the line of custody, i.e., the paper trail of the person who handled the evidence and the time at which it was handled.
The loopholes in this chain are worrisome to the prosecution. The evidence could have been stored in a storage locker for several weeks without any record of it. The lab technician may not have been properly certified. The material was not properly stored and might have been polluted. Any such issue can ruin the prosecution’s case.
Police officers are expected to abide by protocols. When they don’t, it helps you.
If the police interrogate you during an arrest without first reading you these rights, whatever you say may be absolutely inadmissible in court. Your attorney will scrutinize the schedule. When were you arrested? And when did they read you your rights? When did they question you? If they misunderstood this order, your statements are squashed.
Police must respect them even after they read you your Miranda rights. If they asked you to say you want a lawyer and then kept asking, that is a breach. In case they employed scare tactics or even harassed you at a time when you were evidently not willing to talk, your drug possession lawyer near Phoenix, AZ, can work to have such statements excluded.
According to it, police are expected to photograph everything at the scene, record and label all pieces of evidence, store them in secure areas, and provide detailed records. When they become lazy or commit errors with any of this, a question arises about whether the evidence is sound.
Read about what you need to know before hiring a Lawyer for Murder Near Phoenix, AZ: Your Guide to Defense Strategies.
The bulk of the heavy lifting in criminal defense occurs even prior to your appearing in a courtroom.
This is likely to be the most significant weapon in a defense counsel’s arsenal. The motion to suppress requests that the judge exclude some evidence because it was obtained illegally.
Here is a case in point: Police have unreasonably searched your vehicle without your consent, probable cause, or even without a warrant. Your attorney submits a motion to suppress.
The judge concurs that the search was unlawful and instructs that all the drug evidence be thrown out. Then, just when the prosecutor is ready to prosecute you, he has no drugs. Case dismissed.
The issues with a case can be so basic that it is time not to proceed with the case at all. A motion to dismiss may be filed by your lawyer in case the prosecution lacks sufficient evidence, the prosecution infringed on your right to a speedy trial, or excessive time has elapsed.
Drug testing isn’t perfect. Labs make mistakes—equipment malfunctions. Samples get contaminated. One can attack defense attorneys to establish that the individual test was administered, that the equipment was properly functioning, and that the laboratory conducted its work properly.
In some cases, defense attorneys retain their own experts to conduct a second test on the substance for further verification.
Below is a fact that may shock you: most criminal cases are never taken to trial. They are resolved through negotiation.
The attorney could persuade the prosecutor to reduce the felony charges to misdemeanors or to a lesser offense. This can be life-changing. It will be either a felony or a misdemeanor, which means the difference between a trip to prison and a probation period, the ability to vote or not, the ability to get some jobs, etc.
Most states, Arizona among them, provide diversion programs to individuals who have not committed a crime previously or have substance abuse problems. Such programs usually include drug education sessions, substance abuse treatment, frequent drug testing, and performing community service.
The good thing about the diversion programs is that, once you successfully go through the program, the charges brought against you are dismissed. No conviction on your record. It is like a second chance at life.
In some cases, prosecutors may be willing, under certain conditions, to withhold prosecution of you as you fulfill certain conditions. They send the charges off the record if you do everything they demand.
Arizona does not play around with drug charges. The state has specific laws that describe the various controlled substances, and the punishments for the same differ a lot based on the type of drug and the quantity that you possessed.
When the charges you are facing are in the Phoenix metro area, having a drug possession lawyer near Mesa, AZ, is an added benefit.
These are lawyers who are familiar with the local courts, the prosecutors, and the judges. This is better because insider information can help turn the tide of your case.
When faced with drug possession in Arizona, you want someone who will be on your side, as well as someone who understands what they are doing. When there is everything to lose, Godley Law is the one who can put the experience and determination on the line.
They know that good men get into bad circumstances, and they are determined to defend your rights and get the most out of the case.
Godley Law will scrutinize every aspect of your arrest and the evidence against you, seeking weaknesses in the prosecution’s case. They make sacrifices to secure your future, whether they are negotiating to have your charges minimized, trying to have your case dismissed altogether, or preparing to have your case tried.
Although many cases are settled before trial, some reach the judge or the jury. At that time, preparation is everything.
Your attorney will go out there and find people who can help you out, character witnesses who can inform the jury about what kind of a person you are, expert witnesses who can undermine the prosecution’s evidence, or alibi witnesses who can testify that you were elsewhere.
Your attorney will also develop a comprehensive trial strategy, including an opening statement that puts the case in a positive light, questions during cross-examination that expose weaknesses in the prosecution’s witnesses, and a closing statement that brings it all together.
In jury selection, your attorney is seeking those who may be receptive to your plight or inherently distrustful of police testimony and is attempting to exclude biased jurors from your case.
Most drug possession cases aim to have the charges dismissed in totality.
There are cases when an expert Drug Possession Lawyer in Arizona can prevent charges from being filed by presenting evidence to the prosecutor that the case is weak.
In case the violation of your constitutional rights has been committed, and the judge has suppressed the important evidence, the prosecutor can drop the case instead of having no evidence at all.
Your lawyer can request the judge to dismiss the case, even in the course of the trial, if the prosecution has failed to bring forth sufficient evidence.
The completion of a diversion program or satisfaction of the requirements of a deferred prosecution is likely to cause the dismissal of charges. In the end, you are wandering away unconvicted.
Criminal cases do not have time on their side. Evidence disappears. The witnesses forget or relocate critical information. The footage taken by security cameras is overwritten. The faster you secure a lawyer to investigate your case, the better your case stands.
There are also strict deadlines on criminal cases. The failure to meet the deadline to file a motion to suppress evidence may imply that you will never have an opportunity to challenge the same.
A good lawyer for possession of drugs near Phoenix, AZ, can reduce the harm even when your action does not result in the full dismissal of your case.
They may release you from jail, leaving you on probation instead. They may also work to leave the conviction off your record by putting you on deferred adjudication, reducing charges to avoid a felony conviction, or guarding your professional licenses so you remain employed.
In the end, all these things matter. They are the distinction between proceeding on with your life and being burdened by having to live with the consequences of your misdeeds.
The charge of drug possession is heartbreaking, but it is not the last that can be said about your life. From the point of arrest until the possible dismissal, there is a lot of space to retaliate, fight the evidence, and secure your future.
The juridical system is complex. The stakes are high. If you are seeking a drug possession lawyer in Arizona, you require someone not only to investigate but also fight hard on your behalf.
Finding a Local Law Firm in Phoenix, AZ? Contact Godley Law now or call at (602) 697-6393 for a free consultation.
Your current decisions will impact your future life in the years to come. A wise, committed legal team can make the difference between forgetting about this and living with a conviction that permanently restricts your opportunities.
A: Yes. Following the police officer’s violation of your rights, illegal searches, the misuse of evidence, or the insufficiency of evidence presented by prosecutors, the charges may be dismissed. There are numerous instances in which a case is dismissed after a motion to suppress evidence or successful completion of diversion programs.
A: Actual possession implies that the drugs were directly on you, such as in your pocket. The constructive possession implies that drugs were in a place that you had access to, such as a common car or apartment. Prosecutors have a much more difficult time proving constructive possession.
A: Immediately. Facts are easily lost, eyewitnesses lose information, and video surveillance is erased. There are very strict timelines within which criminal cases can file motions. Early legal representation is a powerful way to strengthen your defense and protect your rights throughout the process.
