You might think that being wrongly accused of using, carrying, or selling drugs is the kind of thing that only happens in movies or on TV. However, the reality is that the legal system isn’t perfect, and from time to time, it is possible for a person to either get charged with a drug crime that he didn’t commit, or get charged in a manner that makes his case inadmissible in court.
As an experienced and well-respected criminal defense attorney who has represented her fair share of clients who have been charged with possession of illegal narcotics, Jennifer B. Page is no stranger to the law as it relates to drug crimes. In fact, part of her strategy as a Rockville, Maryland criminal defense lawyer is to examine the circumstances of every drug case she comes across in order to determine whether or not her clients are being wrongfully accused.
Of course, you may be thinking “But how can a person be wrongly accused of carrying drugs? Either he had drugs on him or he didn’t – end of story.” Fortunately for defendants, when it comes to drug charges, the law is not that simple. In Page’s experience, most people who are wrongly accused of drug possession don’t wind up in that situation as a result of not actually having had drugs on them. Rather, the majority of faulty charges tend to involve situations in which the accused parties were indeed carrying drugs, but the drugs were discovered in an unlawful fashion.
According to Page, in order for an officer to discover that a person is carrying drugs, he needs to arrive at a search in the appropriate fashion. If a police officer pulls a person over for speeding and sees and smells marijuana smoke once the driver rolls down his window, then he has every right to search the vehicle for drugs.
On the other hand, if an officer pulls someone over for speeding and can’t see or smell any drugs, then he can’t simply start searching for illegal substances just because he feels like it. In fact, a police officer must prove that there was a reasonable suspicion of drugs in order for his search to be deemed legally valid in court. Therefore, when most people talk of situations where someone is being wrongfully accused of possessing illegal narcotics, they are usually referring to scenarios in which drugs were indeed present, but the search involved in discovering the illegal substances was unlawful.
According to Page, if the officer does what is supposed to be done lawfully, and the prosecution does his job accordingly, then the individual charged with drug possession will almost always be found guilty. However, since this perfect chain of events doesn’t always come into play, it is possible for a person to clearly have illegal narcotics in his possession but wind up getting away with it because somebody on the legal end of things didn’t follow protocol. In fact, one of the reasons why Page is so good at doing what she does is that she herself is a former prosecutor, and she’s fully aware of the proper steps that need to be taken in order to make a drug charge stick.
If you ever happen to find yourself in the situation of being wrongfully accused – or even rightfully accused – of carrying or using illegal narcotics, then make certain to find yourself a good criminal defense lawyer who can fight on your behalf. Remember, there’s no question that the possession of drugs is clearly against the law, but just because you violated the law doesn’t give an officer the right to do so as well. An experienced criminal defense attorney – especially one who is a former prosecutor – can examine the circumstances of your narcotics case to determine whether or not the evidence against you is even justifiable in court. And although finding yourself faced with drug charges is never a good thing, if you are wrongly accused, then you can take comfort in the fact that the right criminal defense lawyer might be able to work some magic – or the legal system – to get you the justice you deserve.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
I work at a pizzeria. Yesterday a customer got mad at me and started cussing etc. I asked him to leave or else I’d call the cops, he left soon enough. 15-20 minutes later a cop shows up, points at me and says I want to talk to you. I get outside, he says, someone called and complained that I offered someone weed. I was defensive and denied the accusations. I took him inside the store, in fact even opened my car door for him. Since I knew I’m not guilty nor do I buy or sell drugs. So what is a possibility in this scenario?
The officer took my info from the license.
Should I worry and get a lawyer؟
Malik – September 23, 2010 , 5:30 PM