Drug cases are oftentimes decided by one of three different defense issues that come into play; police contact, the search, and confessions.
The initial police contact, sometimes called “the stop," is an extremely important part of a narcotic case. Stops can be made on drivers in their cars or people out walking around. With any stop, the police are required to have a legitimate reason for making the stop.
If anything about the stop was done illegally, it can result in a suppression of all the evidence found in a search—including any drugs. As you can imagine, when there are no drugs involved in a case, the charges have to be dismissed.
It’s essential to have an attorney who knows all the legal technicalities governing police stops. A good attorney can often have a charge summarily dismissed if it can be shown the arresting officer did not follow the laws on how to conduct a stop.
Even if there were drugs in plain view on the dashboard, police officers still need a legal reason to search the car. The same holds true for searches on backpacks, purses, pants pockets and homes/apartments. Even if law enforcement made a legal stop, a search found to be illegal can result in all the evidence in the case being thrown out.
So, again, an attorney well-versed in the procedural rules for police stops and searches is essential—an attorney like the ones at Grieve Law.
Law enforcement always ask people to tell them what is going on. This is a common practice intended to draw out inculpatory statements, and it works. More often than not, the stopped person makes statements that end up being used in court to get a conviction.
While any attorney worth their law degree will advise you to never speak with the police, it may not be hopeless if you did. There are specific rules law enforcement must follow in order to make a confession stand up in court. For instance: Were you in legal custody? If so, were you Mirandized? Did you waive your rights, or did you assert your rights?
There are a lot of complicated factors involved in determining whether or not someone is legally in custody and when law enforcement is required to read you your rights. Thanks to TV shows and movies, most people think the police must always read you your rights in order to make a confession stand up in court. This isn’t the case.
You need the best criminal defense attorney in Wisconsin to contest the actions of the arresting officer. If you’re in a situation where you made a statement to the police that could be construed in any way as a confession, talk to an attorney at Grieve Law.