Drug charges that are brought by prosecutors are often based on physical evidence. Oftentimes this includes narcotics or paraphernalia that is found in the accused individual’s possession. While this evidence may seem insurmountable, the fact of the matter is that there may still be strong criminal defense options available to those facing this type of situation.
Evidence suppression is one of the best ways to protect yourself when facing drug charges. Police officers are required to follow the law and stick to certain protocols when collecting evidence. When they fail to adhere to these standards, then the validity of the evidence can be drawn into question. If you can convince a judge that the evidence was illegally obtained, then a judge may deem it inadmissible at trial.
When evidence can be suppressed
So under what circumstances can evidence be suppressed? In the drug case context there are a few different situations where suppression can arise. The first is when police officers act in an illegal fashion and then subsequently gather incriminating evidence. For example, a traffic stop without justification can taint evidence gathered as part of that stop. This is known as the fruit of the poisonous tree doctrine.
Another way to suppress evidence is by challenging chain of custody. When the police gather alleged narcotics, they must follow strict practices to ensure that the substance in question isn’t tainted. Failure to abide by these chain of custody practices can lead to successful suppression.
Know your defense options
Evidence suppression is just one possible defense option that may be at your disposal. To give yourself the best possible chance of reaching a favorable outcome, you need to know all of your options and how to utilize them to the fullest extent. To learn more about the ways in which you can attack your case, consider reaching out to an advocate with a track record of success.