If you are going to hire a criminal defense attorney to defend you against your marijuana or drug related charges in Okaloosa County, Florida, you need to ask any lawyer you speak with if they are proficient in establishing technical defenses related to improper police searches, filing Motions to Suppress or Exclude Evidence, as well as knowing when and how to file an appropriate Motion to Dismiss based on an actual vs. constructive possession issue.
If they cannot explain to you what these issues are, or if they are unable to articulate what these potentially winning strategies are, then you have not found the right attorney for your case.
As I have seen over the years in my many court appearances, there are countless lawyers who are a bunch of fluff and theatrics, but there are only a handful of criminal defense practitioners who have the real competence to how to represent their clients at the highest level.
So do not be afraid to test their knowledge when you meet with an attorney for the first time.
Here are some of the defenses and issue that I have successfully raised to help my clients in marijuana and drug related cases:
- Motion to Dismiss based on prosecutor being unable to prove defendant was in actual possession of drug contraband or had knowledge of the elicit nature of the substance.
- Motion to Dismiss based on insufficient circumstantial evidence for prosecutor to prove defendant constructively possessed drugs. (May apply when multiple persons present or involved.)
- Motion to Dismiss based on insufficient evidence to prove enhanced charge (i.e. Possession with Intent to Sell).
- Motion to Suppress Evidence based on an illegal search of vehicle or residence.
- Motion to Suppress Evidence based on lack of consent to search.
- Motion to Suppress Evidence based on an illegal traffic stop.
- Motion to Suppress Evidence based on an illegal seizure, detention, or arrest.
- Motion to Suppress Evidence based on an legally insufficient search warrant.
- Motion to Suppress Evidence based on illegal K-9 search.
- Motion to Suppress Evidence based on lack of probable cause by law enforcement.
- Motion to Suppress Evidence based on illegal search of vehicle incident to an unrelated criminal arrest in which the vehicle was not used as an instrumentality.
- Motion to Suppress Statements made because police did not read Miranda warnings during your custodial interrogation or used coercive tactics (i.e. promises, threats).
If you or a family member has been arrested on marijuana or other drug charges in Okaloosa County, call me at (850) 362-6655 for a free consultation – and find out where you stand.