When you have been charged with a drug crime, the consequences can be severe. Contact our firm today to schedule a consultation with an attorney who will guide you through this complex area of law and respond aggressively to secure a timely, cost-effective conclusion to your legal problem.
More Detailed Information on Drug Charges and the Law
At the Schoenig Law Firm, LLC, we are aware of the difficulties that people accused of drug crimes are going through. They call our lawyer, Erica Schoenig, with fear and trepidation about what could potentially happen to their lives and their freedom.
Our firm offers free initial consultations arranged at your convenience to talk about your case and to learn how we can provide you with a strong criminal defense.
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Below is some general information about drug crimes and criminal law.
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Contact an Experienced Criminal Defense Lawyer
If you have been accused of possession of marijuana, cocaine or any other drug, do not defend yourself on your own. If you think you are being set up by a confidential informant or undercover police officer it is important to seek the advice of an attorney as quickly as possible. Allow an experienced attorney to protect your rights and provide you with a strong, knowledgeable and vigorous defense. Call criminal defense lawyer Erica Schoenig, in Olathe, Kansas, at 888-870-5550 or 913-440-0843 or contact us online to arrange a free initial consultation about your defense.
Do Not Wait Until It Is Too Late — Contact Our Law Firm Today
If you believe the police have been building a case against you with the help of a confidential informant or undercover police officer you can start asserting and protecting your rights today with the help of a lawyer. The police may be coming to your door to try to talk to you about their investigation or preparing to serve a search warrant on your residence. It may be a good idea to retain an attorney before the police arrest you. It is also important to retain an attorney as soon as possible after your arrest in order to obtain a well-prepared and supportive criminal defense representation Contact our Olathe, Kansas, law office by e-mail or by calling 888-870-5550 or 913-440-0843 to arrange a free initial consultation about your defense.
Searches and Seizures in Drug Cases
The Fourth Amendment protects individuals against unreasonable searches and seizures by the government. In drug cases, the legality of how evidence was obtained is frequently challenged. If the government violated the Constitution, the evidence cannot be used. Without the evidence to prove the charges, the State may have to dismiss its case. If you have been charged with a drug crime, an experienced criminal defense attorney from Schoenig Law Firm, LLC in Olathe, Kansas can advise you whether the evidence leading the charge may have resulted from an illegal search or seizure.
The Fourth Amendment provides:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
In addition, similar provisions in each state's constitution may afford even greater protections.
Warrants and the Protection of Privacy
Fourth Amendment protections apply to situations where persons have a reasonable expectation of privacy, such as their home or personal communications, for instance. However, whether the expectation is "reasonable" is the key to whether it is protected by the Constitution. Reasonableness is context-specific. The court looks at an individual's intention to keep something private and whether the expectation is one that society is willing to recognize as reasonable. Just as standards of privacy are constantly changing in society, Fourth Amendment law is also constantly evolving.
The government can intrude on such a zone of privacy only if the search or seizure is reasonable. Generally, a "reasonable" search or seizure is one supported by a warrant. The warrant itself has to be valid: It must be issued by a neutral judicial official, supported by probable cause and describe specifically the person or thing to be searched or seized. To establish "probable cause," the law enforcement officer has to present facts that would lead a reasonable person to believe that a crime is being, or has been, committed.
Exceptions to the Warrant Requirement
The Supreme Court has recognized a number of exceptions to the warrant requirement. A warrantless search or seizure is still "reasonable" if there is probable cause and certain circumstances exist that make getting a warrant impractical or impossible. These exceptions include:
- Search incident to arrest: searching a person after a lawful arrest to locate weapons and/or prevent the destruction of evidence
- Consent: when an individual voluntarily waives his or her Fourth Amendment rights
- Plain view: searching or seizing objects in plain view, if an officer has a legal right to be in that position where he or she is viewing the objects
- Automobile exception: searching vehicles if an officer has probable cause to believe there is contraband inside and it would be moved before a warrant can be obtained
- Exigent circumstances: when there is no opportunity to obtain a warrant due to an emergency situation, e.g., life is at risk
Besides these exceptions, law enforcement officers can conduct limited detentions and frisks without a warrant if they have an articulable suspicion that criminal activity is occurring.
Discuss Your Case with an Attorney
Analyzing whether a search or seizure was legal requires a close look at many factors. In a drug case, a successful challenge to evidence can mean the difference between a dismissal and a conviction. Contact a knowledgeable criminal defense attorney from Schoenig Law Firm, LLC in Olathe, Kansas to discuss your situation and learn about your rights and options.
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