Drug charges are amongst those where it seems like all of the evidence is against the arrested person, but not everything is what it seems. Even though there is a significant amount of evidence in these types of cases, there is still a lot a drug defense attorney in Athens, TN can do. They may start by looking into the facts of the case to see if the charges can be dismissed.
The Legality of the Stop and Search
Most drug arrests happen when someone is stopped while driving or walking. The officer searching for the drug must have permission to search a vehicle or the person’s belongings or must have probable cause, in general. Although probable cause is broad, they cannot randomly stop someone and search their private property. A lawyer will look at the police report and statements from the officers to make sure there was probable cause for the search. If not, they may seek to have the charges dismissed because the stop was not legal.
The Evidence Found
Evidence found as a result of a search may not be able to be used in court. If it’s determined the search was not legal, the evidence from the search cannot be used except under certain circumstances. A lawyer may look into whether the evidence was found legally and whether it should be allowed in court. If the evidence is not allowed because it was not collected legally, it’s possible the charges may be dismissed because of lack of evidence.
The Chain of Custody
Even if the evidence was legally obtained, it may still not be admissible in court. Evidence needs to be stored carefully from the time it’s found until it’s used in court. If there is a break in the chain of custody, if there is an issue with how the evidence was stored, or if the evidence is no longer available by the time the trial begins, the lawyer may be able to argue that it has not been kept properly and, therefore, cannot be used in court.
If you’ve been arrested and charged with a drug crime, contact a drug defense attorney in Athens, TN immediately so they can look into all of this for you and see if your charges can be dropped. Click here to visit the website for Chancey-Kanavos and to learn more about how they can help you.
