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July 2, 2024, 3:41 pm
Even if the driver gives consent for the vehicle search, the evidence may be thrown out in court if it's proven that the police did not have reasonable cause to search the vehicle. The testing equipment must be properly maintained and calibrated. Defenses to Constructive Possession Drug Charges. "In a criminal matter, preparation is key. The evidence is admitted for the jury's consideration. Similarly, if a police officer thinks you look suspicious when you drive past him or her but does not see you commit any type of traffic offense, that is also not enough to support reasonable suspicion to stop your vehicle. Proximity to the drugs, that is how close were the drugs to the defendant, is one factor that courts consider. Whether it be for sport, security, or any other reason, it is important to understand that if stopped by law enforcement and a gun is found on an individual's person that they cannot lawfully possess in the state, the charges will be more than just a minor infraction. On the other hand, in another case, the defendant possessed 2. How to Beat a Constructive Possession Charge. For example, if a confidential informant has an agreement with the police department in which he or she is paid a certain amount for providing information about others, the payment agreement could be used to demonstrate his or her motive to provide information that may or may not be true. The first is to disprove that the search and seizure of the weapon were legal in the first place. However, if your objective is to avoid a drug charge, participation in a diversion program may be your best bet. New York has some of the tightest weapons laws in the country.

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He asks her if he can look in the box and she says ok. They do not have a warrant. Reviewing all those documents helps us establish who's at fault for your injury. Police may frisk a suspect when they have a reasonable suspicion that the person is armed and dangerous. To win a motion to suppress physical evidence, you must demonstrate to the court that the manner in which the police obtained the evidence (i. e., a weapon or narcotics) was by violating your rights under the Pennsylvania or Federal constitution. The Constitution prohibits the government from conducting unreasonable searches and seizures. Did not have probable cause for the search warrant to be issued. He arrests the passenger for possession, seizes the crack and stores it in his desk for a couple of days. These types of issues can be used to demonstrate that the testimony of a confidential informant is unreliable. Some offenses involve the presence of criminal intent. We've helped countless clients with gun charges get reduced criminal charges and prison sentences for those facing possession of a firearm, unlawful possession of a handgun, aggravated assault, and other weapons offenses in New Jersey. For example, a Hawaii court ruled lab tests inadmissible when the analyst who conducted the test was not in the courtroom. The U. S. Supreme Court has ruled that police cannot bring a drug-sniffing dog up to the door of a home in the hopes of creating probable cause to obtain a search warrant.

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Contact us today for your free and confidential consultation. The punishment for weapons possession in New York depends on the exact charge. If you or a family member was arrested for being in constructive possession of an illegal item, you should contact an experienced Philadelphia firearm possession attorney today. Field tests are often inaccurate and routinely produce false positives. Many innocent people make the mistake of pleading guilty when a field test is positive for an illegal drug.

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However, the burden of proof at a preliminary hearing is much lower than what is required at trial, so just because a case might be bound over for trial after a preliminary hearing does not necessarily mean that a defendant will be convicted of the offense. Many attorneys who defend gun or drug cases immediately focus on probable cause to stop a vehicle or person but ignore reasonable suspicion. Suppose a judge determines that you did not consent to the search of your vehicle. Proving dominion and control is often more challenging. If the police did not have probable cause to either conduct a traffic stop, search the vehicle, or both, then the weapons possession charge could be dismissed. The police are called and they find a bag of cocaine on a table. That includes reviewing the discovery, determining whether the State has a case against you, and projecting a possible sentence, if you are convicted or plead guilty. In conlin, a police officer/dog handler removed marijuana from the evidence locker so the marijuana could be used to train a dog. More litigation is sure to follow. Despite this, it is not uncommon for individuals to be confused about what possessing a firearm entails. Knowledge that the Substance Is a Controlled Substance. Although the jurors may not truly doubt the substance that was tested was indeed the same substance that was seized in the car, the jurors are unhappy with Officer Jones's lack of professionalism.

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The lab report by itself is not sufficient. The above listed information does not include the entire crimes code, annotations, amendments or any recent changes that may be relevant. The lab confirms that the substance is cocaine.

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Sentencing will also depend on the type and amount of narcotics involved. However, without a license issued in New York State, that weapon cannot be brought to or used within NY's borders. Andy engaged in all the behavior that constitutes illegal possession. What seems like a simple element can be a big problem for the prosecution. But the police never saw him engage in a handoff or other suspicious activity before arresting him.

However, he did not intend to commit a crime. Fourth Amendment Violations. However, Ray could raise the defense that the drugs belonged to his fiancée and he did not know the drugs were in the bag and had no intent to control them. You do not have to fight your case alone, contact the Law Offices of Lloyd Long at (215) 302-0171 for a free legal consultation. Often, police officers or law enforcement who pull people over and ask to search the vehicle require the driver to sign a consent form before the search begins.

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