In Kansas, defendants facing drug offenses have access to a criminal defense according to the related circumstances. All officers who arrest defendants on a drug charge are required to follow state laws. Criminal Defense Attorneys build defenses based on the failures of the officers during criminal investigations.
Knowledge of the Controlled Substance
A common defense for a drug charge is a lack of knowledge. If the defendant was unaware of the drug, the attorney argues that the drugs didn’t belong to the defendant. Despite where the drugs were found, it is possible for the defendant to use the defense if the drugs weren’t on their person. Drugs found in a car that doesn’t belong to the defendant offers the defense as well.
Unlawful Search and Seizure
The defendant’s constitutional rights prevent law enforcement officers from searching their property without a warrant. During a traffic stop, the officers aren’t allowed to search a vehicle unless controlled substances are in plain view. If they didn’t see the drugs, the officers don’t have the right to search the vehicle.
To search real property, the officers must obtain a search warrant. The document identifies the exact portion of the property in which the officers have the authority to search. If a garage or storage building wasn’t included in the search warrant, the officers don’t have the legal right to examine its contents.
The Lack of Evidence
In a drug case, the prosecutor secures the evidence via a local law enforcement agency. However, the controlled substances identified and their quantity must be accessible to the court. If the evidence doesn’t match the documentation for the case, it is possible for the charges to be dismissed.
Lab Analysis to Identify the Controlled Substance
A lab conducts an analysis to determine that the substance taken from the suspect was, in fact, the presumed controlled substance. The findings of the analysis must identify the controlled substance conclusively.
In Kansas, criminal defendants have the right to an attorney as soon as they are arrested. An attorney reviews the facts related to the charges and identifies the most appropriate defense. Defendants who need assistance contact Criminal Defense Attorneys through Addair Thurston Chtd. Today. You can also watch video on their YouTube channel.