UTILIZING SUPPRESSION OF EVIDENCE IN CRIMINAL DEFENSE
Jan. 13, 2020
Despite Colorado taking a lenient stance on marijuana possession and use, the fact remains that most drugs remain illegal in every respect. That means that individuals who are accused of possessing, manufacturing or distributing drugs, like methamphetamine, cocaine, heroin and other narcotics can face the possibility of severe penalties. If convicted on drug charges, an individual may be hit with extensive prison time, financially ruinous fines and irreparable damage to one’s reputation. This is why a skilled criminal defense is needed in these matters.
One way to defend against drug charges is to assess the legality of law enforcement’s actions, particularly as they related to the collection of the evidence on which the case is based. This is crucial because evidence that is gathered subsequent to an illegal search or seizure can be suppressed, meaning that the evidence cannot be used against an individual at trial. This is true even if the evidence is otherwise admissible.
Let’s look at an example. Say the police pull an individual over and later, after a search of the vehicle, find that the driver has 10 pounds of cocaine in his trunk. If the police had no probable cause to initiate the traffic stop, or if there was no justification or consent to search the vehicle, then evidence of the drugs found within the car can likely be suppressed. This example illustrates how powerful an individual’s Constitutional rights are, and how powerful those rights can be even when the deck seems stacked against them.
Of course, successfully utilizing the law to one’s advantage requires a certain amount of legal know-how. This is why many individuals who have been accused of criminal offenses, including drug crimes, often find it beneficial to understand criminal law.