Pioletti & Pioletti
Eureka, IL LOCATION
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Pioletti & Pioletti are drug possession lawyers Bloomington IL has relied on for over seven decades. Our family-run law firm has earned the trust of the local community and built a strong reputation that we are proud of. If you or someone you know has been charged with a drug offense, you may need to retain experienced Bloomington drug possession lawyers as soon as possible. For a free consultation with a skilled attorney from Pioletti & Pioletti, please call our office.
The Importance of Drug Possession Lawyers Bloomington IL Provides
Whether you have been charged with possession for personal use, or the intent to sell, drug possession lawyers in Bloomington IL can determine what defense strategy may work for your situation. Every case is unique because the details may vary.
In general, drug possession defenses are similar across state lines, but different from federal offenses. Sometimes, drug possession lawyers Bloomington IL citizens hire can challenge the stated facts or evidence; they may target errors in the procedure. The following are some of the most common defenses used by lawyers:
The Drugs Belong to Another Person – A common defense might be to claim that the drugs are not yours, or that you had no idea they were in the car or house, for instance. Skilled drug possession lawyers Bloomington IL community members recommend from our firm may be able to pressure the prosecutor to prove the drugs actually belonged to the client.
Crime Lab Analysis – Although a drug might look like meth, does not mean that it is meth. The prosecutors must be able to show that a seized substance is the drug it claims to be by sending it to a crime lab. The analyst must then appear at the trial to testify and present their findings.
Missing Drugs – Lawyers may make sure the prosecutors produce the actual drug during the hearing or trial. If they lose the evidence, the judge may drop the case. Losing drugs can be easier than you may think because they often get transferred to different departments before being placed in the evidence locker.
Drugs Were Planted – The sworn testimony of a police officer holds a great deal of weight in a courtroom. Furthermore, other officers may not feel comfortable in blowing the whistle on a friend. It is possible for drug possession lawyer Bloomington IL respects to file a motion that requires the department to release the complaints of the alleged officer who planted drugs. This defense is typically used only when a lawyer is confident they can prove these harsh accusations.
Medical Marijuana Exceptions – In a federal court, medical marijuana defenses cannot be used, but can be used in states that have legalized it. If you are facing state drug possession charges, a lawyer can develop what’s called an affirmative defense.
Fourth Amendment Right – The Fourth Amendment guarantees the right to due process. This includes restrictions on search and seizures that occurred before an arrest. Any drug that is found in plain view, such as on the seat of a car after a traffic stop, can be legally seized and used as evidence. However, drugs found in a trunk that was opened without the owner’s permission or with a warrant cannot be considered evidence. If drug possession lawyers Bloomington IL respects from our firm discovers any breach of our client’s Fourth Amendment rights, the charges may be dismissed.
Police Use of Drug-Sniffing Dogs
As explained above by our Bloomington IL drug possession lawyers, the U.S. Constitution’s Fourth Amendment clause protects people from unreasonable searches and seizures by the police. This means that all police searches are supposed to be reasonable as determined by a judge.
In regard to the protections offered by the Fourth Amendment, some people question whether or not it is reasonable to use drug-sniffing dogs to determine whether you have drugs in your possession. After all, dogs are animals that can be trained, accidentally or intentionally, to make them react to certain cues from their handlers. For example, drug-sniffing dogs that are used to justify searches of stopped cars on highways have been accused of being manipulated into reacting and giving a positive response to allow police searches.
Drug-Sniffing Dogs and Your Car
The reliability of drug-sniffing dogs has been questioned because of how inaccurate they seem to be when it comes to detecting drugs. The dogs’ handlers have even been accused of using the dogs in racial profiling when stopping and searching people. When it comes to searching your car during a traffic stop, police officers are allowed to use a drug-sniffing dog to check for drugs. If the dog alerts or gives a positive response to the officers leading them, then the police have probable cause to search your car for further evidence of drugs.
However, there is a limitation on how the police can use the dog. As a result of rulings by the United States Supreme Court, police officers can only use a drug-sniffing dog during a traffic stop if the use of the dog doesn’t make the stop longer than it would have been without the dog. This means that as long as the traffic stop remains as brief as it would have been without the officers using a drug-sniffing dog, then a court is likely to find the search reasonable.
Drug-Sniffing Dogs and Your Home
When it comes to your home, the Supreme Court recognizes more rights for the individual. The law provides that the police cannot get onto somebody’s private property with a drug-sniffing dog and look around for drugs. For the police to search a private residence, they would need to have a search warrant, or one of several exceptions recognized under the law. They cannot use the dog to sniff around your property to give them probable cause to search your home.
Contact Bloomington IL Drug Possession Lawyers
How the police gather evidence in a drug case against you can make a difference as to whether the evidence can be used against you in court. Drug possession lawyers can analyze the methods the police used and may be able to argue against the use of the evidence in your case. If you are facing state or federal drug charges, you should contact one of our drug possession lawyers immediately. Contact Pioletti & Pioletti for a consultation on your case and find out what legal options you may have defending against these charges.
If you have been arrested and charged with a drug crime, you should consider calling the drug possession lawyers Bloomington IL families can count on at Pioletti & Pioletti.
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