Sacramento Drug Crime Defense Attorney

Rights You Have During a Drug Arrest

During an arrest, you have many rights guaranteed by the Constitution. Understanding these rights and how to demand they be respected can help you stay safe, avoid self-incrimination, and give you a better chance of beating the charges. 

A few rights you should be aware of include:

• The right to be free from an unreasonable search and seizure: The Fourth Amendment of the Constitution bars the government from performing any search or seizure without a warrant or probable cause.
• The right to remain silent: You do not have to tell the police anything beyond your name, address, and date of birth. In most cases, it’s generally a good idea to say nothing at all because anything you say can and will be used against you in court.
• The right to an attorney: If you request an attorney, all questioning must halt until one is present. This is a good idea, as it means you will have a professional who understands the law protecting your interests.
• The right to not be detained or arrested without probable cause: The police cannot arrest or even detain you for an extended period without probable cause. This means the police must have evidence to show that you have committed a crime to detain you.

Defenses for Fighting Drug Charges

Just because you were arrested for drug charges does not mean you are automatically guilty. There are several highly effective defense options for fighting these charges. Every case is unique, so while one of these defenses may be effective for one person, it may not be for another. At Law Office of Mathew Martinez, we will conduct a comprehensive case review and meticulously investigate every detail of your arrest.

Some common drug charge defenses include:

• Unlawful search and seizure: If the search of your person or property was done illegally–without a valid search warrant or without probable cause–then any evidence obtained cannot be used against you in court.
• You didn't know you had the drugs: In some cases, you may be able to argue that the alleged drugs found didn't belong to you or that you didn't even know that they were present.
• The crime lab has specific procedure rules: Crime labs usually have strict procedures for evidence analysis. If you can demonstrate that the crime lab didn't follow the required protocols, you may be able to have the evidence against you thrown out.
• Even the smallest detail of the arrest was out of place: All officers involved in the arrest had to do their job perfectly to make sure your rights were upheld. It’s incredibly hard to have an arrest thrown out, but if there is even a small mistake made in the arrest, you may be able to have the evidence dismissed, reducing or eliminating your charges.
• Entrapment:  Depending on how the police handled your arrest, you may be able to argue this defense. Essentially, it means claiming that the police used improper practices to encourage or set you up to commit a crime.

If we can ascertain that your rights were at all violated during your arrest, we can strategize on building a solid defense. We aim to help prove your innocence and fiercely advocate to reduce or expunge your charges. No matter the nature or severity of the charges you face, our experienced legal team can provide the exceptional and aggressive representation you need.