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Contesting Marijuana Drug Crimes

Each year, hundreds of thousands of people across the country are arrested for marijuana-related crimes. Though some states have seen an easing toward legalization, the possession and distribution of marijuana is still unlawful in both Iowa and Nebraska, and thus penalties can include jail time, fines, and community service. Hiring an experienced drug crime attorney can help you get the charges reduced or even dropped.
Here at Fitch & Stahle Law Office, our team of professional drug attorneys has been helping Sioux City residents contest marijuana drug crimes for decades. Here is how, with the help of a professional drug attorney , you can contest marijuana drug crime accusations.
Defenses for Marijuana Crimes
When you first visit our drug lawyer for a consultation, together we will review some of the most common defenses for marijuana crimes, whether it’s possession or distribution.
Unlawful Search and Seizure
According to the Fourth Amendment of the United States Constitution, everybody has a right to due process of law, including lawful search and seizure procedures prior to an arrest. Issues with proper search and seizure are a common drug possession defense.
An example of improper search and seizure would be if the arresting officer used a crowbar to pry open the trunk of your vehicle, where the drugs were being held. This type of uninvited search would be a violation of your Fourth Amendment rights.
Crime Lab Analysis
Just because the drug that was seized looks like marijuana doesn’t mean that it actually is. The prosecution has to prove that the seized substance is actually the illicit drug it claims it is by sending it to a crime lab. The crime lab must then testify at trial and provide proof that the substance was indeed marijuana.
Drugs Belong to Someone Else
A common defense in drug cases is to claim that the drugs belong to someone else and that you did not know that they were in your residence or your vehicle. A skilled drug attorney will pressure the prosecutors to prove that the marijuana found in the car belonged to their client and not one of the other passengers in the car.
Drugs Were Planted
Certain police officers have been known to plant drugs in order to boost their arrest rate. In order to prove this, your attorney can file a motion that requires the police department to release the complaint file of the arresting officer.
Entrapment
Another common defense for drug possession and distribution crimes is entrapment. While law enforcement are free to set up sting operations, entrapment occurs when an officer induces a suspect to commit a crime he or she may not have otherwise committed. For example, if a police informant pressures a suspect into passing drugs to a third party, this action may be considered entrapment.
Sioux City Drug Attorney
Whether you have been charged with a misdemeanor or a felony, you will want the professional legal representation of Fitch & Stahle Law Office on your side. Our team of experienced drug lawyers will do everything they can to help you get the best possible outcome.
To learn more about our firm, contact us at (402) 494-3012 today.
