Drug cases cover a wide variety of offenses, ranging from possession of a small amount of marijuana, to the manufacturing and distribution of methamphetamines. But no matter what the charges, there are serious consequences associated with a drug conviction, ranging from the loss of a person's eligibility for financial aid, to a lengthy prison sentence. So, if you are facing narcotics charges, then you need aggressive, experienced criminal defense attorneys who can handle the challenges that each case brings.
If you are wrongfully searched, or if the evidence against you is illegally obtained, then it may be possible for you to have that evidence thrown out-of-court or "suppressed". At Wyatt, Underwood & Myers, PLLC, we will examine all aspects of your case to determine whether an unlawful search or seizure has occurred. Our philosophy is that an illegal search or seizure is a danger to the liberty of all Americans.
The police need a "Reasonable Suspicion" that you have engaged in some kind of criminal behavior before they are allowed to legally stop your vehicle. The most common example of a "Reasonable Suspicion" stop by the police is an alleged traffic violation. However, sometimes, a police officer will pull over a vehicle based solely on a hunch, which is not permissible under the United States Constitution. In fact, an unconstitutional stop by the police could mean that the evidence the State has gathered against you cannot be introduced in court. At Wyatt, Underwood & Myers, PLLC, we use our experience to vigilantly examine your drug charges in order to determine what issues could prevent your conviction.
In any drug case, the authorities need to prove an affirmative link between you and the drugs. An affirmative link is the nexus or connection between you and the narcotics. For example, if the drugs are found in your pocket, the police have a strong affirmative link between you and the controlled substance. Contrarily, if the drugs are found in the glove compartment of someone else's car, and you are the back seat passenger, the connection or link between you and the drugs is weak.
Possession is defined as the actual care, custody, or control of an illegal substance. In many cases, an illegal substance is not actually found on the person. Sometimes, the contraband in question is found in a bedroom, a locker, or a safe deposit box. The critical issue in these cases turns on who has the actual care, custody, and control of the area in question. At Wyatt, Underwood & Myers, PLLC, we recognize that there are alternative explanations as to why a controlled substance was found in an area where you have exercised some control.