The police are tasked with protecting individuals and assuring that people are following laws. Often, they have undergone rigorous training to ensure that they are capable of doing so. However, that does not mean they are incapable of making mistakes. The issue is that when the police make mistakes, the effects can have serious consequences. Ft. Lauderdale drug mistakes by law enforcement can have a major impact on the outcome of your case. If you believe the police have made errors in your drug arrest, or in handling your case, get in touch with an adept drug lawyer who can advocate for you.
Potential Ft. Lauderdale drug mistakes by law enforcement include unlawful traffic stops, unlawful arrests, and improper questioning. Basically, constitutional violations or infringements. Oftentimes, it is not blatant – meaning a lot of law enforcement officers do not seek out to commit these violations. It is a function of interpretation of the Constitution or maybe it is a younger officer not familiar with some of the requirements.
Occasionally, there are police officers that are overreaching who tend to bend the rules a little bit. A lot of the police officers in Fort Lauderdale look at things through a one sided lens. What a criminal defense attorney thinks is the right course of conduct might not necessarily match the actions of a Ft. Lauderdale police officer although they might be going forward in good faith, that is why an attorney comes in to look at what they have done and whether or not there have been any constitutional violations.
Also, there are good judges in Ft. Lauderdale who act as neutral referees and unbiased jurists that would hear the evidence and make their determination from an objective standpoint as to whether there are any constitutional violations. More often than not, they are talking about unlawful traffic stops, unlawful seizures, unlawful searches, unlawful arrest and issues with respect to Miranda and unlawfully obtain statements, and the admissions or court confessions.
Using Procedural Mistakes to Bolster a Defense
A defense attorney can take advantage of law enforcement’s mistakes by procedural mistakes by filing a constitutional violation a motion to suppress. Filing the motion will create potential leverage and may aid in alternative or more reasonable resolutions as compared to case proceeding without claims of constitutional infringements.
The main goal is to be successful on any motion that is filed and have the state’s evidence thrown out or excluded. A lot of times, the filing of a motion to suppress will get a prosecutor to approach a defense attorney after a motion is filed and offer to not necessarily drop the charge but offer to settle a case with a reduced or lesser charge in exchange for not litigation the motion.
If it is a clear cut constitutional violation and the prosecutor in no way feels that they could overcome the challenge or succeed in their defense of a motion to suppress this can result in the case being dropped.
In cases where there could be arguments on either side, the challenge of a constitutional issue or the filing of a motion is present in and of itself, it might create an alternative resolution whereby a prosecutor might approach a defense attorney with the alternative resolution, that is going to offer to reduce the charge from a felony to a misdemeanor, to offer a lesser resolution or a more lenient sentence.
Just because the person files a motion does not necessarily mean the person is going to win. They would not file a motion if they did not think they were going to win but the judge makes the final decision.
A lot of times, after the filing of a motion or the raising of the constitutional violation or issue, really opens up a lot of dialogue between the criminal defense attorney in a drug case and the prosecutor for alternative resolution, an attorney would rather have these issues in place than not because, anything could result in evidence being thrown out, a charge being dropped or dismissed. If that does not work, it opens up the prospect for much better resolutions and more lenient sentencing
Contacting an Attorney
If you face drug charges, you should speak with an attorney as soon as you possibly can. It is in your best interest to get in contact with a lawyer before you have any interaction with law enforcement or do anything that could be used against you such as making comments on social media, sending emails, or making any telephone calls. A skilled lawyer can help ensure that Ft. Lauderdale drug mistakes by law enforcement do not get in the way of your right to a fair investigation and trial. Contact an attorney who can strive for a positive outcome for you.