Brian S. Leifert, Esq.
Douglas I. Leifert, Esq.

Proving Ft. Lauderdale Drug Offenses

When proving Ft. Lauderdale drug offenses, the prosecution would need to prove some type of possession. There are three types: actual possession, constructive possession, and joint possession. They would need to prove that an individual possessed the unlawful or controlled substance and that they had knowledge of the illicit nature of the substance. A qualified drug lawyer can attempt to disprove the prosecution’s argument and build your case. Contact an attorney that can advocate for you.

Importance of Evidence

The drug itself is first and foremost when proving Ft. Lauderdale drug offenses. It could be cannabis or marijuana evidence or the actual pills for cocaine. Beyond that, it is witness testimony, whether it is from law enforcement or a confidential informant. Typically in drug cases, other types of evidence include witness testimony, the substance itself, surveillance set up by law enforcement like recordings of conversations, and other types of video surveillance.

Search and Seizure Laws

One of the contested elements that come up when proving Ft. Lauderdale drug offenses, involves unlawful searches or seizures. The initial encounter with law enforcement is an issue that is widely contested in a drug-related case. A case involving a traffic stop may contest whether that stop was legal or lawful, whether the police officer had the right to effectuate a traffic stop and pull the individual over, and whether there were issues of detention.

Questioning the Lawfulness of the Drug Stop

If a person is beyond analyzing whether or not the traffic stop was lawful and whether or not the law enforcement officer had the right to keep that person in a case involving a traffic stop on the side of the road for as long as they did, other issues arise that do not involve traffic stops, like encounters with police officers on foot and an infringement of an individual’s right to be free of unlawful detention. Once a person challenges the initial encounter issues regarding unlawful searches, then they look into whether law enforcement had the right to search an individual or the person, to search the items in the vehicle, and to search the house, business, or storage facility.

An attorney might look towards whether or not there was an actual warrant signed by a judge and whether or not that warrant was issued legally. In the absence of an actual warrant, they look towards whether or not there was a warrant exception, probable cause, consent, actions, and circumstances. Then they would look to challenge whether or not there was legal sufficiency to support any of those warrant exceptions and the result of the court ruling that a traffic stop, a seizure of an individual, or a search was unlawful. If any evidence was derived from any of those unlawful activities, it would be excluded from evidence. The drugs or the illegal substances derived as a result of the unlawful traffic stop, the unlawful seizure, or the unlawful search would be thrown out as evidence. That would put the government in an almost impossible position to prove a charge if a court order was to rule the traffic stop was bad, the seizure was unlawful, or the search was unlawful.

Value of an Attorney

The prosecution’s primary objective in drug cases is proving Ft. Lauderdale drug offenses. As your legal advocate, a skilled drug attorney can attempt to disprove the prosecution’s case against you. They can do so by examining the facts of your case, conducting an investigation of their own, and using evidence to build your defense. If you have been charged with a drug offense, consult an experienced drug lawyer that can advocate for you.

Leifert & Leifert Criminal Defense

Leifert & Leifert Criminal Defense

1200 S Pine Island Rd #220 Plantation, FL 33324
(954) 424-7433 954-424-2200
Delray Beach
2160 W Atlantic Ave 2nd Floor Delray Beach, FL 33445
(561) 988-8000 561-988-8100