If you are arrested and charged with possessing or selling drugs, one of the first decisions you will have to make is choosing whether or not to ask a criminal defense attorney to advocate on your behalf. You may feel that hiring a lawyer is a waste of time because the evidence against you is overwhelming, but criminal cases are often not nearly as strong as they seem. Here are four critical reasons why you should speak to an attorney after being charged with a narcotics offense.
Reason #1: The Drugs Recovered by Police May Not Be Admissible
The Fourth Amendment protects you against unreasonable government search and seizure, which means the police officers who discovered drugs in your possession must have either had a search warrant or good reason to conduct a warrantless search. An experienced criminal defense attorney will be familiar with the exceptions to the search warrant requirement, and they could seek to have the charges against you dismissed if the police acted improperly. If a search warrant was obtained, any evidence recovered could still be inadmissible if the police officers involved exceeded the scope of the warrant or obtained the warrant based on insufficient probable cause.
Reason #2: The Penalties for Drug Offenses Can Be Severe
The penalties for drug possession and distribution can be harsh, and this is especially true if Schedule I or Schedule II controlled substances are involved. California has fairly lenient drug laws, but even first-time offenders convicted of drug possession in the Golden State can spend up to a year in a county jail. Criminal defense attorneys understand how the system works, and they know that prosecutors are often willing to make significant charging or sentencing concessions to obtain guilty pleas and avoid the risks of going to trial.
Reason #3: A Lawyer Could Prepare You for What Lies Ahead
If you have never been on the wrong side of the law before, being arrested, fingerprinted, booked, and arraigned can be a daunting experience. If you ask an experienced criminal defense lawyer to represent you, they could tell you how your case will progress so you will know what to expect. They could also sit at your side and make sure that your rights are respected if you are questioned by the police. Experienced detectives know how to get suspects to say what they want them to say, but their tricks and tactics may be far less effective if an attorney is present.
Reason #4: A Lawyer Could Advocate on Your Behalf
If you retain the services of a criminal defense attorney, they will have an ethical duty to act in your best interests at all times. This means that they must try to get the best possible outcome for you both at the negotiating table and in court. A lawyer could question the actions of the police officers who arrested you, challenge the validity of the evidence against you, and point out mitigating factors that could lead to a more lenient sentence.
You Won’t Take Any Risks If You Speak With a Lawyer
Having a lawyer on your side could improve your situation if you are facing drug charges, and you won’t be taking any risks if you decide to speak with one. Most criminal defense attorneys offer free initial consultations, and they are required to keep anything you say to them confidential. That means speaking to a lawyer probably won’t cost you anything, and it won’t harm your case.