Marijuana Defense Lawyer - What They Can Do For You

If you've been arrested for sale or possession of cannabis, you'll need a good marijuana defense lawyer to see you through the case. For many first time offenders (who are caught only with possession), chances are good that you'll get off with little more than a citation or possibly probation. You may be required to attend drug classes. But even such a minor offense could have serious ramifications when it comes to your job and family. It is never a waste of time to fight charges. One of the best ways to do so is to get evidence excluded from the trial. Here are some reasons it may be possible.

Direct Evidence of Possession

Though many a conviction has been made in this fashion, it is often impossible for a prosecutor to prove beyond a reasonable doubt that drugs found in your car, locker, or purse are actually yours. While possession is 9/10ths of the law, as they say, there is certainly room for a good marijuana defense lawyer to come in and argue that there are other ways in which the drugs could have ended up there.

Probable Cause

Your rights against unreasonable search and seizure are provided for in the U.S. Constitution. Police need your permission, a warrant, or what's known as probable cause to start looking through your possessions. It is that last issue that can often be a point of contention in these cases. A police officer has to make the case that they had good reason to believe that they would find drugs in, say, your vehicle, in order to search it. If that reasoning doesn't stand up to scrutiny, or if they had no such reason, there is a good chance that the evidence itself will be excluded from court.

Your Miranda Rights

If the police hope to admit into court anything you said after your arrest, they must be sure to read you the Miranda warning. This warning informs anyone arrested of their right to remain silent and their right to an attorney. Without this, it must be assumed that you were ignorant of these rights when speaking to the police and the statement may become inadmissible. Certainly, any marijuana defense lawyer worth their salt would do anything in their power to keep incriminating statements out of the earshot of the jury.

Intent to Sell

If the prosecution attempts to charge you with "intent to sell," the penalties inherent will be much more substantial. Unfortunately, this is a very gray area. It is usually determined by the amount, but anyone who knows anything about drugs can tell you that these amounts are often what others would call personal stashes. If your marijuana defense lawyer can get the charges brought down to possession, they will have automatically earned their pay.