Common Defenses for Drug Crimes

With drug-related crimes on the rise in Cape Cod, often times law enforcement officials and courts may take shortcuts during the prosecuting proceedings in order to quickly handle the large number of cases. If accused of a drug-related crime, one should never assume that law enforcement officials followed all of the necessary procedures to secure a conviction. With the help of an attorney, one may be able to find faults in the process that could result in a case being dismissed.

Some of the most common mistakes made by police officers and prosecutors include unlawful search and seizure, failure to prove possession, lack of crime lab analysis, inability to produce confiscated drugs in court, and entrapment.

According to the website of James Powderly, only under certain circumstances are police allowed to have drug-related evidence in court during trial. Without a search warrant, prosecutors may use confiscated evidence only if the individual was being arrested, the defendant consented to a search, the contraband was in plane view of an office, or the contraband appeared during an emergency situation.

Of the previously mentioned mistakes prosecutors make, one of the most common is failure to produce the actual drugs a defendant is being charged for in court. Because confiscated drugs must go through several people before being booked into evidence, there is always a possibility that at some point in the process drugs were misplaced, mislabeled, or lost.

While some of these procedural mistakes may seem rare, the possibility of one occurring always exist. For example, in the recent past some Massachusetts drug lab chemists have been convicted of falsifying as many 190,000 drug results at the request of several state prosecutors.

As stated above, one should never assume that a prosecutor has the necessary evidence or followed the necessary steps to conclusively establish a conviction.

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