Prescription drug offenses are taken very seriously by law enforcement currently as there is an increase globally in overdoses and prescription drug-related deaths and accidents. One of the first steps to building a Ft. Lauderdale prescription drug defense is hiring an experienced prescription drug attorney to review the most appropriate options for you. It can be critical to contact an attorney about possible infringements on your legal rights as a citizen before heading to trial.
Common Constitutional Infringement Cases
Individuals have a variety of constitutional rights that tend to be common when building a Ft. Lauderdale prescription drug defense. Law enforcement is bound by the United States Constitution, meaning, there are a variety of different ways that a drug charge can be attacked by analyzing whether or not an individual’s Fourth Amendment rights have been infringed on.
These infringements can be any illegal or unlawful seizure, illegal or unlawful search, unlawfully obtaining statements or a confession, whether or not law enforcement unlawfully engaged with an individual and then those could potentially lead to getting a drug case dismissed or perhaps the evidence that the prosecutor has against an individual in the drug case could be either thrown out or suppressed.
An attorney can help an individual charged with a drug offense in Fort Lauderdale by further investigating the case to attack the government’s case by taking depositions, engaging in the discovery process by examining the state’s evidence an effort to possibly convince the prosecutor that they cannot prove the case or that there are significant problems in the case that they would send a certain degree or high chance of not being able to prove their case in front of a jury.
Potential Negotiations With Prescription Drug Prosecutors
When building a Ft. Lauderdale prescription drug defense, the prosecution could be asked if they could potentially reduce the charges in a case. If an individual is charged with felony possession or a drug possession in Fort Lauderdale, the attorney would ask the prosecutor to consider reducing the charges to a misdemeanor, for example. Attorneys can try to negotiate a reasonable resolution with the prosecutor.
If it is a situation where the sentencing guidelines call for a presumptive prison sentence, they would attempt to get the prosecutor to agree to what is called a below-guideline sentence. If that did not work, there are ways to go before the judge to ask the judge to impose a sentence that would go below guidelines.
If all those attempts fail, a person would obtain a reasonable resolution through a negotiated settlement with the prosecutor or involve the judge to participate in potential resolution in the case, and then if all those things do not work, they would consider taking the case to trial in the hopes of a jury returning with a not guilty verdict.
Benefit of Speaking with an Attorney
They should not represent themselves, they should engage the services of an experienced criminal defense in Fort Lauderdale and they should rely on the knowledge and experience that the attorney has in defending them with respect to these types of charges. They should work with an experienced criminal defense attorney as soon as possible. Statutes are wide-ranging and confusing for somebody who has had no experience with it before.
The state attorney’s office in Fort Lauderdale has a special unit, for example, on drug trafficking cases so they have prosecutors that specialize in drug cases and there is no reason why an individual who is facing prosecution for drug-related cases should not have an attorney on their side to help them with their defense in the hopes of getting the prosecutor’s office not to file a charge. If they do file the charge, the attorney can look for ways to get the charge dismissed, reduced, have the individual found not guilty after a jury trial or negotiate the best possible resolution under the circumstance.