Potential Drug Charge Defenses in Clearwater

Did you know that if you are convicted of a felony drug-related crime in Clearwater you could lose the right to vote as well as other national privileges? The state of Florida is one of the strictest when it comes to prosecuting drug-related charges. Just take a look at the jail population and you will see that a majority of the inmates were convicted of some sort of drug-related crime.

Search and seizure violations, not your drugs, issues and mistakes with the crime lab analysis and lack of evidence are just a few of the defenses that may be available to you in your drug case. One thing many of your may not be aware of is how most drug charges come about. Rather than a police officer spotting an individual with some type of illegal drug in his hands walking down the street, most individuals are being cited for a completely different offense. For instance, it is not uncommon in Clearwater for an individual to get pulled over for speeding and then the police search the car to find drugs. Unfortunately, the drug discovery is often a much more damaging discovery than the traffic violation. That being said, just because the police may have discovered contraband in your vicinity does not mean you will be convicted of a drug offense.

Here are some of the more common defenses to drug charges in Clearwater:

1. Search and Seizure Violations:The Fourth Amendment can be your best friend in a drug case. That is because this important constitutional amendment serves to protect you from unlawful search and seizure scenarios. Not surprisingly, these are all too common in Florida drug cases.
   
2.  Crime Lab Analysis: In a drug case, the district attorney has to prove that the drugs confiscated from you (or your house or car) are actually illegal drugs. Because of this evidentiary requirement, the crime lab technician will testify to the procedures for testing and the results in most drug cases. A good defense attorney will be sure to have a series of pointed questions aimed at identifying potential issues and mistakes with the analysis.
3. Drugs Belong to Someone Else: Another defense option in Clearwater drug cases has to do with proving that the drugs belonged to someone else. The legal rationale behind this defense is simple—you cannot get convicted of a crime you did not commit.

4. Lack of Evidence: One of the most damaging pieces of evidence against a defendant in a drug case is the actual drugs. The logic then follows that if the prosecution in the case cannot proffer up this important evidence, then it will be one of the most damaging pieces of evidence against the prosecution. The reality is that there is a bit of time between the arrest and the trial and during this time a lot can go wrong with the handling of any evidence.

If you have recently been arrested for a drug crime in Clearwater, get in touch with the attorneys at Finebloom & Haenel P.A. We are very familiar with both misdemeanor and felony drug cases and will work hard to get you the best results possible.