by | last updated on January 20, 2016
Have you been charged with possession of a controlled substance, possession of a controlled substance with intent to distribute, drug trafficking, or doctor shopping? Whether you were caught with a small bag of marijuana or a kilo of cocaine, you need a serious defense.Many times a drug charge starts out as something else – a stop for a routine traffic infraction such as speeding, a pat down for weapons, a search of your car or home. Depending upon your particular situation, the charges may be dismissed based on an unlawful search.Sometimes, in order to conduct a search, police may seek to obtain consent to search. Consent to search may have been obtained by the police in violation of the constitutional guarantee against unreasonable searches and seizures. Most people don’t even know that consent was given. For example, the police could say something like, “you don’t want a drug problem in your neighborhood, do you?” A homeowner could respond is such a way that they unintentionally or involuntarily waive their Constitutional rights.

Even if proper procedures were followed and a search warrant was obtained, did the police exceed the scope of the warrant? Was the search overbroad and perhaps the warrant stated that the home could be searched, but not the specific place were the contraband was found?

Even before a search begins, law enforcement must have probable cause as to why an individual or place needs to be searched. How did the information the police are relying on come to the police? Was there an informant? Was that individual reliable? Was he or she induced to give up the information by cutting a deal for their own defense? Could entrapment have been involved? Did the alleged perpetrator have a predisposition to participate in criminal activity that warranted the arrest? Were rights to due process of law of law trampled on? If any of these factors exist, a reduction or even an outright dismissal of the charge may be possible.

In defending drug related charges, Board Certified Criminal Trial Law attorney Robert Malove leaves no stone unturned. He aggressively argues every aspect of the law to ensure your legal rights were not violated and that law enforcement acted within the bounds of their authority.