Being arrested and charged with possession of drugs is a bad enough charge. However, when a person has more than a minimal amount on them, they could be arrested and charged with intent to distribute the drugs. This is a far more serious crime and a conviction could mean years in jail. Anyone who is charged with this will want to look into working with a drug crime attorney in Sycamore, IL to get a better outcome for their situation.
One way to defend against this type of charge is to use the fruit of the forbidden tree doctrine when possible. If the person was not legally searched, anything found because of the unlawful search cannot be used against the person. The police can only search a person if they have probable cause or if they have permission. If the lawyer can prove the officer did not have probable cause or did not have permission to search, the search may be deemed unlawful.
Once the search is deemed unlawful, anything that results from it can be suppressed. This means it no longer counts as evidence against the person. In a drug case, this may mean the drugs cannot be used as evidence against them and there will likely be not enough evidence to prove they are guilty of possession of drugs with the intent to distribute. The person will simply be able to walk away from the situation without facing a conviction and years of jail time.
This does not work on every possession with intent to distribute case, but it is one the person’s lawyers will look into. A lawyer is going to help them try to have the charges dismissed and, if that will not work, will help them work for a plea bargain to a lesser charge or to minimize the impact the conviction will have on their life. Anyone who has been arrested and charged with a drug crime like a distribution charge will want to contact a drug crime attorney in Sycamore, IL quickly to see if the fruit of the forbidden tree doctrine applies in their case. They can also visit now to learn more about how a lawyer can help them.
