With the penalties and convictions for drug crimes getting further stringent in San Diego, many residents are entering the criminal justice system facing misdemeanor and felony charges every day.
Fighting a drug charge with the help of a personal injury lawyer San Diego is one of the best ways to save you or your loved ones’ from the conviction. Winning the case can be a struggle, more so if you are trying to do it without the help of a professional lawyer from a good law firm in San Diego.
A qualified personal injury lawyer can use strong defenses to keep the felony offense away from your criminal record. Here are a few defense stances an expert attorney will come up with to help save you from drug charges.
Illegal Search and Seizure
If this is either the first or second time you have been put under the bus for illegal possession of drugs in any part of San Diego, according to the State of California laws, you have the legal right to diversion.
For instance, if the police try to seize drugs while waiting at a traffic stop without any valid reasons to stop the vehicle, the act violates the terms and rights of the search warrant. An experienced lawyer will analyze if your Fourth Amendment rights were violated during the process. If yes, once it is proven, the drug charges will be quickly dropped in most cases.
Drugs Do Not Belong To You
This is a most common defense that can save you from drug charges and possible prison sentences if proved. In San Diego, drug possession falls under the Health and Safety Code 11350 and 11377. Based on the crime, you can either be charged with felony or misdemeanor.
However, an expert personal injury lawyer in San Diego can build a defense and clear the case by proving that the drug in possession belongs to someone else and that you were unaware of its presence.
Mix-Up in the Crime Lab
Sometimes the crime lab can mix up the testing and reports because of mistaking legal substances for drugs. Just because a substance looks shady does not mean it is a drug. So, unless the state proves the legitimacy of the illegal substance with reports for backup from the crime analysis laboratory in San Diego, there are high chances of the charges becoming void.
An expert attorney from a reliable law firm in San Diego will strive to find loopholes in the report to nullify the proof.
Drugs Were Set Up To Charge You
This defense strategy somewhat differs from the “The drug does not belong to me” option. But proving that the drugs were planted to set you up can be a challenging task. The personal injury lawyer in San Diego will try to obtain the complaint files of the officer who was on the scene to analyze and find any inadequacy in the reports.
In case the attorney finds any weak spots in the complaint files, he can use it to prove that the drugs were planted and manage to reduce or dismiss your overall charges.
Rather than trying to defend the drug possession charges yourself, it is better to reach out to a reliable personal injury lawyer in San Diego to help fight and effectively win the case without leaving behind any permanent mark in your criminal records.