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What If I Believe My Drug Possession Arrest Was Unlawful?

Published on February 18th, 2019

Drug Possession Lawyer Bloomington, IL

All across the nation, every state in America has passed laws that make the possession, sale, and manufacture of controlled substances punishable. The consequences for a drug possession charge can be weighty, and may entail jail-time, fines, and a revoked driver’s license. Court judges can be harsh when it comes to choosing what repercussions a person charged with drug possession shall endure.

However, there is a chance that the officer who originally arrested the accused, made a crucial mistake during their investigation. In fact, the officer may have disregarded the person’s rights in their attempt to get someone in handcuffs, which resulted in an unlawful arrest. Those who are suspicious about how their arrest was handled and believe their rights were violated, can turn to a knowledgeable drug possession lawyer Bloomington, IL trusts for advice.

Q: If I am arrested, does this mean I am automatically guilty?

A: No, anyone accused of a crime is innocent until shown otherwise in court. The prosecution must prove that the accused was entirely aware and intentional in their possession of the illicit drug or substance. The accused may have been arrested for having paraphernalia related to that drug, including pipes, syringes, or scales. An attorney is likely to request that the drug confiscated is tested in a laboratory specially for crimes, then brought into the courtroom as proof. If the officer is not able to retrieve the drug found, then the accused may have the charges dropped.

Q: What if the officer asked to search my home?

A: An officer cannot just approach a person’s home and request to do a look through, without a legitimate warrant. Law enforcement may try to push their hierarchy on the accused and enter the home without proper documentation. If an officer pulled over the accused in the vehicle and saw drugs or paraphernalia in plain sight, then the arrest may be reasonable. If an officer overstepped his or her boundaries, the drugs or related items may not be used against the accused in court.

Q: Do I need to be concerned about state and federal laws?

A: An attorney can talk with you about the laws that apply for your state, in addition to any federal laws that may be a factor in your arrest. Federal drug possession charges typically come along with a more severe punishment and longer-term jail sentence. State drug possession charges that were non-violent with no intention to distribute, may be deemed a misdemeanor.

Q: I feel like the police influenced me into committing the crime, is this possible?

A: Entrapment occurs when law enforcement has coerced a person into partaking in a crime, that they would not have otherwise. This strategy is often used by officers who are so desperate to make an arrest, and may not even realize what they are doing. Entrapment can be either intentional, or subconscious. But either way, it is an unlawful way to make an arrest for a drug possession charge.

Contact Pioletti Pioletti & Nichols for their insight into criminal defense and drug possession.

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