Drug Defense

This office specializes in drug-related cases, DUI cases, and other felony and misdemeanor cases. Because of the possibility of drug cases being on your record forever, requiring you to submit to various programs, waive your rights to search and seizure and the possibility of jail or state prison, it is imperative you speak to an attorney immediately and NOT waive your rights.

If you have a drug case, it is essential that you talk to a private lawyer immediately before discussing the matter with anyone else. Drug defense law is probably one of the most intricate areas of criminal law procedurally, particularly with many of the new laws, with which most lawyers are unfamiliar. It is important you immediately see a lawyer before formal charges are filed, as often an attorney can discuss the matter with the prosecutor and see that felony charges are not filed.

Discuss with your attorney whether your Fourth Amendment search and seizure rights or Fifth Amendment rights against self-incrimination have been respected. The most common challenge to drug charges is how the evidence was obtained. If your Fourth or Fifth Amendment rights have been violated, the court will suppress confiscated drugs or statements that have been unlawfully obtained. Without this evidence, the prosecutions’ case may be weakened or unable to be proved beyond a reasonable doubt and the case may be dismissed.

It is also important to remember that Drug Court is different than regular Criminal Court. Drug Courts combine criminal justice with medical and treatment approaches, especially with first-time and low-level offenders. This approach emphasizes negotiations between the prosecutor, defendant, and the court. It is therefore important to choose an attorney who has had a long-term relationship with the court system and good rapport and familiarity with judges and local prosecutors. This can result in reduced charges or sentences, or dismissal of charges altogether.

Things to Remember:

1. Don’t represent yourself. Don’t discuss your case with anyone. Don’t sign anything. Don’t waive your rights. Law enforcement and the District Attorney are hired to convict you. Public defenders and court-appointed lawyers are hired by and paid by the government. When you are arrested, immediately call an experienced, local private attorney who specializes in criminal defense and DMV law. Demand a lawyer who will give you immediate personal attention.

2. An attorney who lives and practices where you are arrested has a great advantage. An experienced local attorney knows the people in the justice system you will be dealing with throughout your case. Demand his personal attention. Demand personal attention by a local experienced lawyer that you cannot get out of town, telephonically or by referral systems by paralegals.

3. Use an experienced local attorney who specializes. Again, hold out for a lawyer who has been around. When you need an attorney for criminal defense or DMV, use someone who knows the local ins and outs. There’s a lot to think about: Get a good, specialized attorney who knows local rules, procedures, judges, district attorneys, probation officers, law enforcement, bail bonds, court, jail programs, and DMV.

4. Never hire an attorney by the hour. Criminal cases are on a written flat fee basis.

5. Will I go to court? In misdemeanor cases, if you have a private attorney you are never required to go to court. In felony cases, your attorney can often appear without you.

I have more than 40 years of experience. Call today. Delay will cost you! (530) 342-2858