If you have been caught possessing drugs, sometimes your first step is talking to a defense attorney about what options you have when pleading not guilty. There are many types of defenses you can bring in a drug possession case. For instance, you are protected from an unlawful search and seizure, which is where a cop chooses to pry open a trunk with a crowbar or bust down your front door to find the drugs you are suspected of possessing. What happens if the drugs were planted on you?
Difficulty in Proving Your Case
You must first understand that, every year, hundreds or thousands of people claim that ‘drugs were planted’ on them and it isn’t always true. Not only that, but a police officer’s sworn testimony carries a lot of weight in the courtroom. Because these cases can be extremely difficult to prove, you should speak to your lawyer about your options as they concern bringing a motion to find out if the cop had citizen complaints about lying and planting evidence in the past.
Sometimes, these cases involve bringing in an investigator who is highly skilled at their job. The investigator may talk to the other cops involved in the operation and find out if anybody had discomfort over the situation or anything appeared to be fishy. You should not always expect the best results, as officers are usually very reluctant to blow the whistle on another officer. However, your attorney may be able to file a motion that requires the department to release the complaint file of the officer from the past.
Along with these options, there is always the possibility that forensic evidence will clear you as well. Proving that you have not used drugs in months is usually good evidence that the drugs were probably not yours. Along with this, there is always a chance that evidence found at the crime scene could point to another person. If you truly believe that the drugs have been planted, then it is time to speak to an attorney. Call us today at The Law Office of Peter Blair for more on your case and how we can assist you.