Drug charges from a search and seizure
When someone is arrested for possession of drugs, a criminal defense attorney’s strongest defense will usually concern what type of drug is found and whether or not the suspect’s constitutional rights were infringed upon. These are generally the key components to a drug charges defense. Of course, getting stopped and frisked by police officers can be a terrifying thing to happen to a person, but it is extremely important that you keep a level head and remain calm, regardless of whether or not illegal drugs are found on your person. It’s also important that you refrain from making common mistakes that many others make when they are arrested. Here in Pennsylvania, prosecutors are charged with the burden to prove, without a reasonable doubt, that you have committed the crime or crimes with which you are being charged. If a quality drug charges attorney like Gary Gerson is able to find a reasonable defense for your innocence, you’ll have a great chance at getting your fines and jail time greatly reduced, or even dropped altogether. Many of my potential clients ask me when it’s alright for a police officer to stop and search someone who is suspected of possessing drugs or paraphernalia. If a police officer conducts a search, they are not supposed to violate your constitutional rights in doing so. In fact, police are supposed to have “reasonable suspicion” that a crime was being committed before they pull you over or stop you on the street. For example, if you are swerving your vehicle, or there is a strong odor of marijuana coming from your person, police can say they had reasonable suspicion to question and search you. If an officer comes to your door and wants to search your residence, they must have a search warrant. This rule also encompasses hotel rooms. If they do not have a warrant, police can say they entered a home or hotel room under what are known as exigent circumstances. Exigent or urgent circumstances is a state of affairs where officers believe that abrupt action is required. An example of this is if police believe that someone inside may be injured, overdosing, or held captive; or if police believe that the people inside will destroy evidence before they are able to obtain a warrant. If you have had your home, vehicle, or person searched for narcotics and drugs were found, it is imperative that you contact criminal defense lawyer Gary E. Gerson to discuss your options. Mr. Gerson has been helping people charged with drug possession and intent to distribute for more than twenty-five years and his track record for success speaks for itself. Call today at (412) 281-3380 .