Whenever anyone is arrested for possessing marijuana, our aim should be to ensure that nobody is convicted or sent to jail. More often than not, we can get the result which also allows for the possibility of completely erasing the arrest record as well. You can see dozens of examples of marijuana cases that we have had dismissed or no billed on our result page. Possession of marijuana case filings across the state have steadily declined in the recent past, but conviction attracts a jail term, a suspension of the driver’s license and indelible social blot that has potential to jeopardize future employment. The defense lawyers we have in Law Office of Ira Z. Miller, PC understand this very well: it is often very important not to have a marijuana conviction on one’s record.
The penalties that precede such a conviction directly and indirectly are dreadful and rather medieval. We have done a great job representing our clients in different marijuana cases. Some of the cases are handled through diversion while other cases are handled by sheer, hard-nosed, defense work.
Some of our strategies, in appropriate cases, involve:
Disputing The Evidence
If the prosecutors have any proof that the substance found is marijuana – and not hemp.
Disputing The Amount
Since it is either a misdemeanor or felony case involving a possession of marijuana, the defense has a right to examine the evidence. At times, our inspection requires re-analysis of the proof to determine whether it is indeed marijuana and if it falls into the prohibited amount the prosecutors are after. This means the difference between a felony and misdemeanor, ticket and charge that can put you behind the bar.
Disputing Possession
As far as the criminal law is concerned the term ‘possession’ is defined as ‘care, custody and control.’ They are also taught that possession is real or constructive and that two people may concurrently own an object. This all boils down to the fact that prosecutors are not very polite to defenses that try to make an argument that a man did not own drugs for instance those found in his car. What that means however is not that juries aren’t receptive to such arguments.
Illegal Stop
An officer requires probable cause in order to search or stop you. We can sometimes be able to make the officer realize that he or she never had a legal justification to stop you and the evidence collected under that stop can be rendered inadmissible.
Illegal Search and Seizure
Often car sweeps are conducted without consent, reasonable suspicion or a warrant to search the car. In those cases, the Motions to Suppress are to the evidence by which it is thrown out.
Bad Dog Sniff
Although officers permit using canines to detect automobiles, there are numerous situations where the police officer or dog handler is consciously or unconsciously directing the dog to look out. This battle will require time, money and in most cases, expert opinions but this is a battle worth waging.
Prolonged Detention
An officer cannot continue an otherwise finished stop with a singular purpose of getting a drug dog to the said location. With drug dogs that may not have been already on scene, we identify loopholes of attacking the evidence and possibly getting it dismissed.
Chain Of Custody
We have a chance, if we can demonstrate that the chain of custody has been breached in some way, we can lawyer up and maybe win the case. If there was an issue with the first or the last link on the chain the judge may also hold that such evidence should be dismissed as inadmissible before the jury is even introduced.
For further information you can consult with an experienced criminal defense lawyer or call at 361-882-7788 to know about your specific situation.
