Defending A Drug Case
Attorney Justin Hayes has years of experience handing all manner of drug crimes both big and small. Drug crimes can range from something relatively minor, like possession of marijuana to something much more complex and sophisticated, such as drug conspiracies.
We understand that drug addiction is a complex disease that fundamentally alters brain chemistry. We realize, and advocate, the fundamental principle that addiction not a situation where someone lacks the moral principles or willower to quit or that they can just simply stop using drugs. It’s an illness with a long road to recovery.
Defending A Drug Case
Drug cases are fought on a number of fronts. Often times an experienced lawyer will scrutinize the police reports and file what is called a Motion to Suppress, or kick out, evidence if it was obtained illegally. For example, the police cannot randomly stop your vehicle. Assuming a valid reason existed for the stop (usually it’s something trivial like a malfunctioning taillight), the police cannot expand that stop without a basis to do so. Other times police will conduct a motor vehicle stop and “ask” for your consent to conduct a search while, simultaneously, threatening to bring out the drug sniffing K9’s if you refuse. Thus, the validity and voluntariness of the consent to search may become an issue. Other times police will obtain a search warrant to search a house or car. We scrutinize the warrant to ensure it is supported by probable cause. If not, the evidence must be tossed.
Sometimes drug cases are fought on the issue of one’s knowledge. Assume you are a passenger in a friend’s vehicle. The car is stopped for rolling thru a stop sign. The police find drugs in the backseat. Unfortunately, both you and the driver find yourselves in cuffs and charged with a drug crime. The defense here is one of knowledge: you did not know the drugs were in the backseat.
Drug sales typically occur when a person sells a miniscule amount of drugs to support their own habit. The drug sale is typically made to someone working with the police called a ‘confidential informant’ – always a shadowy character. A person become a confidential informant because they are “working off” their own criminal charges and, thus, have motive to fabricate. Attorney Hayes employs his investigator to locate all the possible information regarding the informant. At trial, Attorney Hayes aggressively challenges the veracity and reliability of the informant.
Often the best defense occurs before trial: convincing the prosecutor and judge that a person suffers from an illness and needs treatment – not prison. We work hard to help our clients get into long term drug rehabilitation programs or locate community-based outpatient services. Often times we will help a client get into Drug Court.
We handle all types and manner of drug crimes, from possession of prescription drugs to the sale of heroin and fentanyl. Whatever the nature and circumstances of a drug charge, Attorney Hayes has the skills and experience to fight for the best possible outcome.