Our fellow Houston citizens accused of drug trafficking seem to be in a pickle. The police say they had a basis to stop and search their car. And it doesn’t seem like it’s worth even hiring an attorney…or is it?
Enlisting help from a criminal defense attorney who has experience in successfully handling drug cases ensures that a court doesn’t just buy into police claims of what occurred. Police lie. A lot. And it’s the job of a defense attorney to catch law enforcement when they fib or stretch the truth.
8 Important Questions to Dispute a Drug Charge
So how do we show police lack credibility here? We need to conduct our own investigation by asking some of the following questions:
- What was the actual posted speed limit?
- Was the police radar properly calibrated or did it have any maintenance issues?
- How could a cop smell marijuana “through the door” when the windows are up?
- Could the two people pass a drug test, or was there a lack of evidence of consumed marijuana (e.g., remnants of joints) in the car, indicating no marijuana was smoked and the cop was lying about smelling it?
- Did the cop have any prior disciplinary problems?
- Does any video or audio from the patrol car contradict the cop’s claims (it often does)?
- Whose name is the car in, and how will the prosecutor prove the two occupants knew what was in the trunk (if other family members or friends had access to your car, would you always know what they put in your trunk)? This is called “affirmative links,” and there are a host of factors that courts are supposed to consider.
- Was there a confidential informant involved, and were police using speeding as an excuse to stop the defendants? Prosecutors hate to “burn” or disclose the identification of a confidential informant, and good drug lawyers know to aggressively pursue this identification.
Contact an Experienced Drug Lawyer
Now you can see all the things that the best drug lawyers do in these types of cases. I know this from personal experience, including the countless drug cases I’ve had dismissed due to cops lying. These cases have included everything from simple drug possession to large-scale felony cocaine and methamphetamine possession to a marijuana grow house (where the cop cut and pasted a warrant from a different case!).
If you’re facing a drug charge, the Neal Davis Law Firm offers legal consultations to review your case. Contact us to see how we can help.
Extra reading: HOW THE EXCLUSIONARY RULE CAN HELP WIN YOUR DRUG CASE