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Written by Canterbury Law Group

What is the Process of a Criminal Trial?

What is the Process of a Criminal Trial

Only a small number of cases ever go to trial. Often, plea cases are accepted whereby a defendant pleads guilty in return for a lesser offense. It is important trials follow rules that protect the rights of the defendant while maintaining the efficiency of the court system. Read on to learn more.

Voir Dare

Voir dare is the process of interviewing potential jurors. Both the defense and prosecution may question potential jurors for conflicts of interest or biases. A certain amount of “preemptory challenges” can be utilized to remove a potential juror without giving a reason though they are not allowed to discriminate on the grounds of gender, race, or ethnicity.

 

Opening Statements

Once in place, the jury will hear each side who want to offer an opening statement, intended as a summary of the case.

 

Prosecution Evidence and Witnesses

The state will first present their case. They have the burden of proof to meet all the elements of the alleged offenses. They may call witnesses and introduce other evidence to aid them in doing so.

 

Defense Evidence And Witnesses

The defendant can present evidence as well as witnesses as a rebuttal to the case made by the state. There is no obligation to testify and they cannot be called as a witness by the prosecution as the fifth amendment affords the privilege against self-incrimination. As prosecutors carry the burden of proof, the defendant does not have to prove their innocence. However, they may have a burden of proof, for example, if they use self-defense insanity or entrapment as a reason for their actions.

 

Closing Arguments

Each side can present closing arguments once the presentation of evidence has been completed. These arguments summarize their cases and can highlight flaws in the reasoning or evidence of the opponent.

 

Jury Charge

The judge will give instructions to the jury that may include questions regarding the charged offense. Both the defendant and the state can submit proposed jury charges to the court.

 

Jury Deliberations and Verdict

The jury will then retire for deliberation. On occasion, jurors may be sequestered but they are normally told not to discuss the case. If a unanimous verdict cannot be obtained, the judge may declare a mistrial.

 

Post-Trial Motions

When a guilty verdict has been entered by a jury, post-trial motions can be brought by the defendant such as an acquittal or motion for judgment or a new trial. The defendant may appeal if the post-trial motions are denied by the court.

Source: https://www.justia.com/criminal/procedure/stages-criminal-trial/

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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What Is Felony Murder

What Is Felony Murder

Felony murder is a term expanding the way murder is defined. Applied when an individual commits a type of felony and someone else dies during the course of the crime. Whether accidental or intentional, the defendant is liable for the death. Often it applies to felonies that are a danger to human life, like rape, robbery, burglary and arson. Read on to learn more.

Felony murder requires the intent to commit the underlying felony and that an individual died from the acts of the felony. if more than one person is involved in the felony, all take responsibility, including accessories.

Broad Reach

The terms of felony murder differ by state but are generally very broad by definition. it applies when:

  • A bystander for law enforcement are the cause of death
  • The death occurs during an escape attempt or the person who dies is an accomplice
  • As intent is not an element at play, self-defense may not be permissible when dealing with cases of felony murder

These rules have frequently been criticized as punitive to those who did not take a life. for example, the driver of a getaway car where another occupant committed the murder.

Capital Punishment

The original position of the US Supreme Court was the Eight Amendment expressly prohibits capital punishment, if the defendant did not kill, or attempt to kill, and was only a minor league player but was available should there defendant have been a major participant in the crime and acted with: “reckless indifference to human life.” (Tison v. Arizona, 481 U.S. 137 (1987).) Not all states subscribe to this viewpoint and it may not be worthy of the death penalty: (See, for example, Vernon Kills On Top v. State, 279 Mont. 384 (1996).)

Federal Law

Federal law sees felony murder as first degree murder and lists felonies forming the basis for prosecution:

  • arson
  • burglary
  • child abuse
  • escape
  • espionage
  • kidnapping
  • murder
  • sabotage
  • sexual abuse
  • treason

State Law

Some states no longer have felony murder on their books. Some states consider it to be first degree murder, in others it is second degree murder. There are many factors determining how states apply felony murder rules.

Predicate Felonies

States can make a determination what qualifies as predicate felonies. Many states say even attempts can bring the felony murder rule into play. Some states say all the facts surrounding the crime are relevant, while others look at the felony, without considering the outstanding surrounding facts.

Time Of Death

Some states limit felony murder when death occurs as part of the underlying felony.

Accomplices

Every state has individual rules they apply to accomplices. Most states use an “agency” approach whereby felony murder will only apply when the defendant or their “agent” has responsibility for the death. Some states adopt a “proximate cause” approach, whereby, felony murder can be applied when any death occurs from the felony, regardless of who caused it.

Causation

Every estate says the underlying felony be the “but for” cause of death. For example, someone may die as a result of a robbery but some states also require the felony to be the immediate and primary cause of death.

Source: https://www.criminaldefenselawyer.com/resources/felony-murder.htm

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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What Is A Felony?

What Is A Felony

A felony is normally considered to be a crime with a a penalty of more than one year in prison. Often crimes with violence or that are debasing to society are included such as arson and murder in the first degree. Lesser crimes are usually citations or misdemeanors. Read on to learn more.

Differences

Felony crimes are taken more seriously and have more severe penalties than misdemeanors. A misdemeanor may result in fines and a prison term of less than a year. But a felony may result in a prison term in excess of twelve months and far greater terms. There are also wobblers…a crime that may be either and a combination of fines and prison time may apply.

Felony Classes

Every state has their own statute for felony crimes classes. Many states say a Class 1 or Class A felony will be reserved for the most severe of cases. They then proceed to Class B or Class 2 and so on in a similar manner as the crimes lessen in their severity and punishment.

Felony Charges

Here is a list of common felony charges:

  • Property crimes: Grand theft, arson, and vandalism.
  • Drug offenses: Distributing, selling, or trafficking drugs.
  • Sex crimes: Sexual assault and human trafficking.
  • Violent offenses: First-degree murder, second-degree murder, and robbery.
  • White collar crimes: Embezzlement, securities fraud, and tax evasion.

Felony Sentencing Structures

A felony sentence is likely to be harsher if the offender already has a record and harmed another person while committing their crime. A successful defense can reduce a sentence. The state as well as the kind of crime also is taken into account. When there are no factors considered aggravating it may be argued the sentence should be similar to a misdemeanor. There may also be a civil lawsuit to contend with. That said, if it can be demonstrated the defendant was acting in self defense, then the civil penalties may be stropped or at the very least, reduced.

Felony Expungement

It is very tough to get a felony expunged, especially if the crime was a serious nature. It may be possible if the defendant was a child when the crime was committed depending on time factors and the nature of the crime as well as the completion of any court ordered programs. The difference between being arrested and charged for a felony means the suspect when arrested is there based on the belief they have committed a felony. A felony charge means a legal proceeding has been initiated against the individual. Usually a felony remains with a person forever. This may make it tough to find employment, obtain rights of custody over children as well as losing the right to vote.

Facing Felony Charges

You will want to think about hiring an experienced criminal defense attorney. They can understand state laws in reference to your situation and work to get the best possible outcome for your case.

Source: www.legalmatch.com/law-library/article/what-is-a-felony.html

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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What Is a Class 6 Felony?

What Is a Class 6 Felony

All states divide felonies into categories. Some states like South Dakota, Colorado, Virginia and Arizona have at least six different felony classes ranging in seriousness from Class 1 to Class 6. Examples of class 6 felonies nationwide would include:

  • Possession of up to 2 ounces of methamphetamines – Colorado
  • Receipt of a stolen firearm – Virginia
  • Internet gambling – South Dakota
  • Recklessly handling a dangerous weapon – Arizona
  • Sale of child pornography – South Dakota
  • Maximum and Minimum Sentences

Read on to learn more.

A class 6 felony presumptive sentence will be similar to the minimum felony sentence – one year of prison time up to five years in some states. Fines, in the form of restitution or as additions to the prison term range from $2,500 all the way up to $100,000.

Extended Sentences

Any felony may be enhanced if there are aggravating factors at play. This will include Class 6 felonies. Any violent crime in Colorado is penalized by an enhanced sentence. In Arizona, if you have a history of two or greater prior felonies, there is a minimum sentence of three years. You can qualify for alternative or diversion sentencing options when the crime did not have a component of violence and the offender has no felony criminal history. Also in Arizona, a judge may decide to sentence a Class 6 felony as a class 1 misdemeanor. An attorney may be able to assist in minimizing or even avoiding prison time with a case dismissal possible when a diversion program or community sentencing has been successfully completed.

Loss Of Rights

Once convicted of a Class 6 felony you normally lose the following rights:

  • Vote
  • Qualify to run for public office
  • Own or possess a firearm
  • Receive permits or licenses needed for various occupations, including lawyer, accountant and many healthcare positions

Drug related crimes can also impact the ability of a person qualify for low-income housing options as well as food stamps.

Employment And Housing

A 2010 study showed 92 percent of all employers check for criminal records. A felony will make obtaining a position far more difficult and you will face similar problems obtaining housing. State labor agencies may be able to assists with lists of companies and individuals who are incentivized to hire felons or choose them as tenants.

Cleaning Your Record

Although in Arizona and South Dakota you may have your civil rights automatically restored, a felony conviction will still be a negative factor on your records. Many states have expungement laws but it is not often felony convictions are expunged. A criminal attorney can negotiate a Class 6 felony to a misdemeanor. Another way is to request a pardon from the Governor. This usually takes at least three to five years and will need a compelling reason to do so.

Source: https://www.superpages.com/em/class-6-felony

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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Class 6 Felony Arizona

Class 6 Felony Arizona

Normal punishment for a Class 6 felony ranges from 6 to 18 months with a presumptive sentence of a single year. An aggravated term equals prison time of two years and the mitigation term is four months. Read on to learn more.

However, if your Class 6 Felony charge did not involve a weapon or cause serious injury, the Judge may enter a judgement of a Class 1 misdemeanor or sentence you to probation, holding off the charges to see if you complete probation. The prosecutor may also make a decision to charge as a misdemeanor offense. Some examples of Class 6 felonies in Arizona are:

  • Property theft between $1,000 and $2,000
  • Gun theft
  • Tampering with a witness
  • Possession of less than two pounds of marijuana for personal use  
  • Possession of drug paraphernalia.

(Ariz. Rev. Stat. §§ 13-604, 13-702, 13-1802, 13-2804, 13-3405, 13-3415 (2020).)

Felony Fines

A felony can carry a fine of up to $150,000 as well as prison time and additional fines related to drug crimes. The state also applies various surcharges equaling up to 78%. However, the judge may reduce the fine amount if you can make the case it would be a financial hardship for yourself and immediate family members.

(Ariz. Rev. Stat. §§ 12-116.01, 12-116.02, 13-603, 13-801, 13-821, 13-825, 16-954 (2020).)

Lastly, those convicted also face additional fees known as assessments. These are small charges applicable to all crimes, but also some that relate to specific crimes ranging from $50 to $500.

(Ariz. Rev. Stat. §§ 12-114.01, 12-116.05, 12-116.06, 12-116.07, 12-116.08, 12-116.09, 12-116.10, (2020).)

Legal Help

There can be serious long term consequences for felony convictions. Obtaining a job and housing can become far tougher to achieve, you will be able to have legal possession of a firearm and face stiffer penalties should you be made guilty of a further felony. An experienced attorney can help you to obtain the best possible resolution for your case.

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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What Happens If You Get Caught with Cocaine?

What Happens If You Get Caught with Cocaine

The United States Drug Enforcement agency classifies cocaine as a Schedule II narcotic. hence it is illegal for recreational use nationwide. Cocaine with is addictive qualities attract severe criminal penalties for possession and distribution, although these penalties can differ by state. Read on to learn more.

Associated Crimes

Depending on the amount in your possession, how the cocaine was obtained and the intent of your possession can all play a factor in the severity of the penalty you may face at a state level. These can vary from small misdemeanors to serious felony charges for distribution and trafficking. Penalties can range from small fines to probation to up to twenty years imprisonment. Certain offenses are considered to fall foul of the Federal Controlled Substances Act and are handled as felony cases. Fines can range from $1,000,000 to $50,000,000 and from twenty years to a life sentence in prison.

Legality Of Possession

Cocaine is not included as a prescription drug so its use out of medical uses is illegal. Distribution, manufacture and the trafficking of cocaine is against the law in every state. The amount of cocaine in your possession impacts the severity of the charges you may face. Offenses at a state level are based on possession, federal offenses often focus on the intent and the criminal background of the person involved.

Criminal History

If you have a record of drug related offense, the charges you face will likely have greater consequences should you be found guilty. The initial conviction for cocaine use is a minimum fine of $1,000 and up to a year in jail and a second conviction carries up to two years in jail and a fine of $2,500.

Rehabilitation

If someone who has been charges volunteers to enter and complete court-appointed rehab programs they may have their charges and sentences dismissed or reduced. Keep in mind if you are ever drug tested and are found to have cocaine in your system when you are in the stages of pretrial or probation, you will likely face penalties that are far more severe.

Source: https://www.therecoveryvillage.com/cocaine-addiction/faq/what-happens-getting-caught/

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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How To Win A Drug Possession Case

How To Win A Drug Possession Case1

A felony drug charge can you send you into a nightmare style labyrinth of confusion. But ignoring the issues will not make them go away. Read on to learn more about your options.

Attorney Representation

You will first need to obtain a lawyer experienced in tackling felony drug possession cases. Contrary to what you may think, your case may come up rapidly, so it is vitally important to obtain the services of an attorney at the outset of proceedings. We suggest as soon as bail has been posted.

Defense Strategies

There are various approaches that can be made but let’s look at some of the important factors to consider.

  • Remember the prosecution has to prove each and every element of the case they present against you beyond a reasonable doubt. Your attorney is in the best position to assess whether they have done this or not.
  • Your attorney will ensure the correct procedures were followed. Was your search legal, was there reasonable suspicion to perform the search of your person and your vehicle? Have your fourth amendment rights been violated? If so, it cannot be used in a prosecution. If you were denied the right to legal representation and/or not Mirandized correctly, your case may be thrown out on those grounds.
  • Your attorney will ensure certain timelines are adhered too that may invalidate the case of the prosecution.

Lab Tests

Your attorney may be able to take the stance there is not enough evidence to confirm is the drug you were found in possession of is actually illegal. There is a possibility lab testing equipment may have failed or the drug sample may have been misplaced, not labeled correctly or even destroyed. This may not happen often but it does occur and your attorney can make good use of this in the fact the prosecution will be unable to confirm you had a drug that was illegal about your person.

Reasonable Doubt

The prosecution must provide evidence you knowingly and intentionally possessed drugs that were illegal. Even if it was in your vehicle, can it be proven you had knowledge of it being there. If you give rides to people, it may have come from them while they were riding with you. If the attorney can argue successfully you did not know the drugs were there, the case is over. The prosecution is the party who has the burden of proof. If there is reasonable doubt you cannot be convicted under the law.

Contact A Drug Possession Attorney

If you are facing felony drug charges get in touch with an attorney specializing in drug possession cases straight away. They can help you fight the charge and get the best possible outcome.

Source: https://www.lanceturnbowlaw.com/how-to-win-a-drug-possession-case/

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or i[email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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How Much Does a Lawyer Cost for Drug Possession?

How Much Does a Lawyer Cost for Drug Possession

The average cost for a defendant facing a misdemeanor charge that reaches trial is an average of $2,500 with costs varying from $2,000 to $3,000. The attorney may require an advance averaging $2,000 per day with prices varying from $1,500 to $2,500 for the US in 2020.

You will want the best lawyer you can obtain when facing an investigation regarding illegal drugs. Read on to learn more.

In smaller communities lawyers may not charge as much. Fees may average $150 per hour ranging from $100 to $200 for an attorney with experience for the US in 2020. You can double that if you live in a heavily populated area. Of course, cheaper does not always equal better for anyone. A lawyer who is more expensive and costlier may be able to tackle the complexities of the issues at hand in a more expedient matter. They will also be able to accurately estimate the time it will take them to work on your situation.

Charges For Lawyers On Marijuana Drug Cases

The average cost of legal defense for marijuana possession is $1,375 with costs ranging from $750 to $2,000 or greater for the US in 2020. Remember the attorney will charge by the hour as well as expenses related to the case like, photocopies, research or interviews. Those attorneys working for a flat fee need to explain what is and is not included in that fee.

Additional Fees

The average cost of felony trials average $4,500 with costs ranging from $2,000 to $7,000 for the US in 2020. The same applies as above for attorneys working on an hourly basis or for a flat fee.

Source: https://wesource10.com/how-much-do-lawyers-charge-for-drug-cases/

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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What is a Possession Charge?

What is a Possession Charge

It is against both state and federal laws to willfully have possession of controlled substances like LSD, cocaine, heroin, methamphetamine and marijuana. The laws also include the chemicals used in the manufacture and cultivating of drugs including accessories associated with the use of drugs. Read on to learn more.

Requirements To Prove Possession

Depending on the state laws may vary but there are commonalities they all have.For example:

  • Prosecutors must prove the accused person knew they had possession over the drug.

This includes “constructive possession.” Meaning the person had access to the drug even if they did not have it on them at the time.

Categories of Drug Possession Laws

With simple possession charges different states have different categories for particular drugs. However when it comes to possession with the intent to distribute he penalties can be far greater. However the prosecutor has to prove intent to distribute.

Drug Paraphernalia

This includes bongs, syringes and crack pipes. The Federal Drug Paraphernalia Statute defines this but usually it is decided on what the primary use of the item us. A water pipe, newly obtained with no signs of previous use may not be considered paraphernalia unless it was sold as a bong. Certain chemicals and materials used for the manufacture and cultivation of drugs are also considered to be paraphernalia.

Unlawful Search and Seizure

Your due process of law including search and seize procedures are protected by the Fourth Amendment. When drugs are found in plain view they may be confiscated and used as evidence. But if they are found in the trunk of a vehicle and the suspect did not consent to a search, it cannot be entered as evidence. Violation of a defendants fourth amendment rights mean the drugs are not permissible to be used at trial often resulting in the charges being dismissed.

The Drugs Are Not Yours

You can say the drugs do not belong to you and you had no knowledge of their whereabouts. An attorney can press the prosecutors to prove you are the owner and not someone else in the house, a roommate, visitor, or passenger in the car.

Lab Analysis

If something looks like a drug it does not mean it is a drug. The prosecution mist proves the substance that has been seized is the illicit drug by obtaining test results from a crime lab. The analyst must then testify at trial asserting the results of the test.

Missing Drugs

Often drugs can come up missing as a result of them being transferred around the system before they go to the destination of the evidence locker. Never assume evidence exists at trial time.

Planted Drugs

As a Police officers’ sworn testimony tends to carry a great deal of weight, it may not be easy to find a reluctant to speak against a colleague. But a motion can be filed and if the judge gives their approval it means the department is obliged to release the file of complaint. This includes who made the complaints and they can be interviewed by a private investigator or attorney.

Entrapment

This is when an informant of police officer induces someone to commit a crime they may not have otherwise performed. For example, applying pressure to pass drugs along to a third party. Usually this applies when the state is the source of the drugs that have been provided.

Medical Marijuana

Although it does not apply for federal charges, it may do for state charges in states where it is legalized. More often than not requiring a signed recommendation from a Doctor, charges can be dropped when there is convincing evidence of the medical necessity.

Need Help?

If you are facing drug charges, there may be defenses open to you that you have not considered. From how testimony was collected, how your rights were explained, whether evidence was preserved, an experienced attorney can help to get the best possible result.

Source: https://criminal.findlaw.com/criminal-charges/drug-possession-defenses.html

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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How To Get a Possession Charge Dismissed

How To Get a Possession Charge Dismissed

When you have been charged with drug possession a defense attorney can assist you. They may be able to challenge the facts of the case as well as challenge evidence and testimony as well as investigate errors in procedures and perhaps challenge on the grounds of an affirmative defense. Read on to learn more.

Unlawful Search and Seizure

Your due process of law including search and seize procedures are protected by the Fourth Amendment. When drugs are found in plain view they may be confiscated and used as evidence. But if they are found in the trunk of a vehicle and the suspect did not consent to a search, it cannot be entered as evidence. Violation of a defendants fourth amendment rights mean the drugs are not permissible to be used at trial often resulting in the charges being dismissed.

The Drugs Are Not Yours

You can say the drugs do not belong to you and you had no knowledge of their whereabouts. An attorney can press the prosecutors to prove you are the owner and not someone else in the house, a roommate, visitor, or passenger in the car.

Lab Analysis

If something looks like a drug it does not mean it is a drug. The prosecution mist proves the substance that has been seized is the illicit drug by obtaining test results from a crime lab. The analyst must then testify at trial asserting the results of the test.

Missing Drugs

Often drugs can come up missing as a result of them being transferred around the system before they go to the destination of the evidence locker. Never assume evidence exists at trial time.

Planted Drugs

As a Police officers’ sworn testimony tends to carry a great deal of weight, it may not be easy to find a reluctant to speak against a colleague. But a motion can be filed and if the judge gives their approval it means the department is obliged to release the file of complaint. This includes who made the complaints and they can be interviewed by a private investigator or attorney.

Entrapment

This is when an informant of police officer induces someone to commit a crime they may not have otherwise performed. For example, applying pressure to pass drugs along to a third party. Usually this applies when the state is the source of the drugs that have been provided.

Medical Marijuana

Although it does not apply for federal charges, it may do for state charges in states where it is legalized. More often than not requiring a signed recommendation from a Doctor, charges can be dropped when there is convincing evidence of the medical necessity.

Need Help?

If you are facing drug charges, there may be defenses open to you that you have not considered. From how testimony was collected, how your rights were explained, whether evidence was preserved, an experienced attorney can help to get the best possible result.

Source: https://criminal.findlaw.com/criminal-charges/drug-possession-defenses.html

Need A Criminal Defense Lawyer In Scottsdale or Phoenix?

Canterbury Law Group’s criminal defense lawyers in Phoenix and Scottsdale will defend your case with personal attention and always have you and your best interests in mind when offering legal solutions. Call today for an initial consultation! We handle criminal defense cases in all areas of Phoenix including Mesa, Tempe, Chandler, Maryville, Apache Junction, and more.

We are experienced criminal defense attorneys and will fight for you to obtain the best possible outcome. Our firm will rigorously represent you, so you can get on with your life. Call today for an initial consultation! 480-744-7711 or [email protected]

*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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