Monday, September 9, 2013

Effective defenses used by Denver Attorney for Marijuana charges

One needs to be smart enough to hire a lawyer who would defend well during the legal procedure. In case of the Marijuana charges, Denver attorneys deal with it in a smart way.
Today’s youth is leading the society in terms of education and also crimes. Every day there is something new to hear regarding the misconducts done. One of the leading offenses done is none other than marijuana offense. When one is under the investigation for an alleged marijuana offense, Denver attorney is a must to be contacted. They provide good defense to the case. Most of the defenses include “Motion to Suppress” which is in custody of the police on illegal basis for violation of Constitutional Rights.
When the Motion to suppress is granted by the judge, all the evidence possessed by the police is thrown out. Without the evidence the case shall be dismissed and the culprit is saved. Some of the famous defenses that are used by Denver attorneys for marijuana cases are described below:
  • An Illegal Stop, Detention, or Search– In situations when the cops stop the people moving on the streets or in the vehicle and find drugs in possession of the person or in the driver’s compartment, the police must have a Constitutional basis to stop and interrogate. In situations when the way the police stopped the person is Unconstitutional or if anything found during the search was illegally obtained, must be suppressed. This point of the police violating the common person’s constitutional rights would be strong to defend against the court.
  • An Invalid Search Warrant– There are many cases when there is cultivation of marijuana. The cops just strike to search the home or the business. They are dismissed as there are faults in the Search warrant.If there are errors in the warrant, the court of law shall consider the search unlawful and overpower the evidence. This ultimately results in the discharge of the case.
  • The following are some of the situations when a search warrant is considered in the following situations:
    • Absence of probable cause
    • Use of incorrect, misleading and imperfect details in the warrant.
    • The warrant was generated by information provided by strangers and untrustworthy people.
    • While searching, the police surpassed the limits of the search that was described in the warrant.
  • Lack of Possession– in order to prove a person guilty for owning marijuana, the cops and prosecutor should have the evidence that the culprit possessed it. Possessions are being categorized as Actual and constructive. Actual possession is said to happen when the drug is found in the person’s pocket or bag. Constructive possession is when the drugs are found in the person’s home, vehicle or business.
  • Legal possession of the Marijuana– Many states of US allow the medicinal use of marijuana and thus people are allowed to keep a small quantity of it along with them. In order to get it, a prescription from the doctor is needed. But people misuse this right and use this law in defending themselves.
Denver attorneys are quite known for dealing with any sort of cases and in case of the marijuana charges they have worked a lot. Marijuana cases are comparatively sensitive than the other type of cases so experienced lawyers are needed to deal with it.