At the Law Office of Andrew R. Lynch, we prepare every case as if it is going to trial. We do this by learning as much about you, your case, and your goal for your case as we can. We investigate the officers, evidence, and witnesses involved in your case. With this information, we build a legal and factual trial defense for your jury. In preparing a case for trial and learning the weaknesses in the State's evidence, many cases can be dismissed or reduced to a lesser charge before trial.
When the State of Georgia pursues a drug prosecution they must have proof beyond a reasonable doubt that you committed a crime in order to obtain a conviction. You are not required to prove anything. You hire a skilled criminal defense attorney to find the weaknesses in the State's case and explain those weaknesses to a jury.
The Georgia Legislature has criminalized these controlled substances:
Marijuana
Cocaine
Heroin
Ecstasy
Methamphetamine
and others
Penalties for possessing these drugs can range from a felony prison sentence to misdemeanor conviction. The State's prosecutions can be based on possession, possession with intent to sell, distribution, trafficking, and manufacturing controlled substances.
With every arrest for possessing illegal drugs comes the question of whether the arresting officer had a legal right to stop, question, investigate or search you. You have the right to force the police to answer these question in court.
From the moment the police turned their attention to you, potential violations of your constitutional right to be free from an unreasonable search and seizure can exist. Whether you were stopped in your car, on a street corner, in a park, or the police came into your home, the police must have a legal reason to detain you or search you.
Any violation of your rights can be raised raised in a pretrial motion to suppress in court. We will challenge the officer's method of finding any drugs the state alleges are yours. If the judge agrees that your constitutional rights were violated this can prevent the State from using any of the drugs as evidence against you. This can stop the State's prosecution long before a trial.
Incriminating statements or confessions the police are saying you made can potentially be kept out of court. Once you are under arrest many officers forget, ignore, or refuse to tell you your Miranda rights. The Constitution gives you the right to remain silent. This right protects you from making your situation worse. Even where you have admitted to knowing about the drugs, the statement can be kept out of court if the State cannot establish it was given legally and not in violation of your Constitutional rights.
In cases where a judge finds the evidence an officer collected against you is allowed to be used against you at trial, the evidence and the officer providing the evidence can be investigated and attacked. In our system the weight or the value of this evidence is for your jury to decide. Everything from the arresting officer's training and disciplinary history to where and how the drugs were found can be attacked.
Being charged and prosecuted for a drug crime is a terrible experience. If you are convicted it can affect you for years to come, long after the days in prison are over and the time spent on parole has ended. At the Law Office of Andrew R. Lynch we strive to protect you from conviction. We prepare every case as if it is going to trial because it our belief this how the best outcome for you is obtained.
Contact us today to discuss your legal needs.
