Chicago, IL criminal defense attorney Gal Pissetzky talks about the various defenses that can be raised against drug charges.
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When somebody comes to me and he or she are accused of a drug crime, I explain to them immediately that every charge is different. Even though the charge itself may be similar, the facts are different for every case. There are many different types of defenses for drug crime charges. It starts with the fact that you can file a motion to suppress the evidence that were recovered because the police violated somebody’s fourth amendment rights when they searched the car illegally, they searched the home illegally, they searched a person illegally. A police officer cannot just stop you and search you without probable cause, go into your car without probable cause, to search your backpack or your purse without probable cause or a search warrant to go into your home.
Sometimes individuals, after they have been caught with the drugs, will give a statement. If the statement was coerced involuntarily, we can file motions under the fifth amendment, that the police officer violated your Miranda Rights.
And then finally we can go to trial. Trials that I litigate very often will revolve around the facts of whether or not you knew the drugs were there, you were in exclusive possession of the drugs? Was there anybody else at the home, for example, that had control over the drugs? So it revolves around knowledge, intent. And there are many other ways to fight drug cases. I recommend to my clients do not cooperate with the police. Hire an aggressive lawyer and fight the drug charges. Because there is a good chance that you can find a defense that will save you from many, many years in prison.