20th Oct 2014

Many otherwise, perfectly law-abiding adults have a softening attitude towards some drugs like marijuana.  With such a casual regard towards it reflected in the mainstream and marijuana seemingly on an inevitable course towards legality throughout the country, it is easy for some to imagine that personal use of drugs is “not a big deal” and thus nothing to worry over.  When they are arrested for drug possession and find themselves defending against drug accusations in Broward County, however, reality is reasserted: Drugs are very much illegal in the State, and your freedom, reputation and significant collateral consequences are significantly on the line.

The Four P’s

When defending against a drug accusation in Broward County, your first step should always be to say nothing and contact a lawyer, whether you are guilty of the charges or not.  Your lawyer will guide you towards four questions – the Four P’s – that are vital in defending against drug accusations:

  1. Possession: Were you actually in possession of illegal drugs?  Sometimes people are arrested just because drugs were on the premises or nearby.
  2. Plain view: Were the drugs in question in plain view?  If the drugs were found via an illegal search, the case may be able to be legally attacked and maybe thrown out.
  3. Probable cause: Your attorney can help you determine if there was real, legal cause for searching your home or vehicle.
  4. Properly administered your constitutional Miranda rights: Were you read your rights and were you free to leave?

Drug charges are not easily defended or thrown out, but there are times when the police may act overly aggressive concerning how arrests are made.  A serious consideration of the above four questions may provide a good synopsis in devising a challenge to a drug allegation.

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