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Drug Crimes

Many arrests involving drugs are the result of illegal searches and seizures that violate the U.S. Constitution. With only a few exceptions, law enforcement generally need probable cause and a warrant signed by a judge to search a person, his or her vehicle, home or other property. Without a warrant, there are limitations as to when the police can conduct a search. Police are authorized to search a person or property when they are granted permission to search from the subject. When facing a request from a police officer, most individuals feel compelled to grant permission. Everyone should be aware that every person has a Constitutional right to refuse a request to search that comes from a police officer. Even where a person gives consent, the circumstance of the request may provide for an argument that the consent was forced.

In any case where an arrest was made as a result of a search and seizure, the circumstances of the search and seizure must be evaluated to see if the police officer followed the laws and Constitution. If the laws of the Constitution are violated, a motion to suppress any evidence seized as a result of an illegal search could ensure that the evidence is never used against the person arrested and may result in his or her criminal charges being dropped.

Depending on the type of drug and the amount, the penalties may vary. In the case of larger quantities of controlled substances, “minimum mandatory” sentences may apply. “Minimum Mandatory” sentences are imposed if a client is convicted of a trafficking charge. The mandatory sentences range from three years, to seven years, to fifteen years. The State can waive these minimum sentences.