A drug offense can range from Possession of Paraphernalia to Trafficking with the respective sentences going from bad to worse. In drug cases, more so than any other case, it is important to fully investigate the effectiveness of a Motion to Suppress the drugs from being introduced against you. The Fourth Amendment to the Constitution provides us all with protections from the unlawful searches and seizures by the Government. If the law enforcement officer that stopped violated your constitutional rights, the drugs he found may be subject to suppression. Or, even if he stopped you legally, if he conducted a search without abiding by your constitutional rights, the drugs may also be subject to suppression. In either instance, if the drugs don't come into evidence, your case just got a lot stronger and could possibly be dismissed.
Certain drug offenses also carry minimum mandatory sentences. If, for example, you are convicted of Trafficking in Cocaine, you face at least three years in prison without time off for good behavior.
It's also important for you to know the difference between constructive possession and actual possession if charged with a Possession of a Drug. Actual possession means that you were caught with the drugs on your person, such as in your hand or in your pocket. Constructive possession means that it was not on your person, but the State can prove that you had "dominion or control" of the drugs/paraphernalia and that you knew "of the illicit nature of the substance." The State can prove possession either way. Yet, the law on constructive possession isn’t always in the State's favor. It may actually help your case.
It's important to hire an attorney who has had experience in defending drug offenses. Let the expertise of The Law Offices of Alexander Dombrowsky help defend your drug charges.