Common Mistakes in Drug Crimes Cases
Our Michigan Drug Crimes Defense Attorneys Can Help You Avoid Jail From Common Drug Crime Defense Mistakes in Detroit, Ann Arbor, Lansing, Grand Rapids, and Throughout Michigan
When an individual is arrested for or charged with a drug crime, there are some common mistakes you want to avoid. Additionally, police often make mistakes in the course of an arrest. At Grabel & Associates, we want individuals who have been charged with a drug offense or who are under investigation to realize what some of the most common mistakes are on both sides of the fence, so that you can be prepared and possibly avoid the harsh criminal penalties of a conviction.
Common Mistakes Made by Drug Offenders
Consenting to a search. It is not advisable that you consent to a search of your person, home, or vehicle if you have been accused of a drug offense. Whether you possess a small amount of marijuana or a larger quantity of any narcotic drug or illicit substance, do not submit to a search. Doing so eliminates any challenge your Michigan drug crime attorney may have as to whether the search was legal.
Admitting to the possession of drugs. Regardless of whether police tell you that you will be better off if you admit the drugs they found were yours, do not admit to anything. Never tell police that the drugs do belong to you; in fact, avoid admitting that you even knew the drugs were there.
Making statements or talking to police. Police officers have a way of dragging information out of suspects, which may be used against them, even though they will try to convince you that you should talk, and that they are your friends. It's best not to say anything at all without the presence of your attorney. While you may think that something you say will be helpful, it's most likely you will incriminate yourself further.
Common Mistakes Made by Police
Failing to read a suspect his/her Miranda rights. Police officers must read a suspect his or her Miranda rights before they can begin asking questions. When they fail to do so, any information you offer in the course of questioning may be suppressed in court - in other words, not allowed. However, if police do read you your Miranda rights, say nothing other than you will not answer questions without the presence of your Michigan criminal defense lawyer.
Asking questions even though you have requested the presence of your attorney. Frequently, police will continue to question a suspect even though that individual has clearly stated that he/she will not answer questions without the presence of a lawyer. When this happens, anything you tell police may be suppressed in court.
Performing an illegal search. In Michigan, police must have probable cause to search your person or home, or obtain a search warrant based on probable cause. If police search your person or home for marijuana or other drugs without a warrant or probable cause, any drugs or paraphernalia discovered during that search may not be allowed in court. This does not usually apply to the search of a vehicle, which typically requires only reasonable suspicion.
Failing to perform a proper investigation. In Michigan, police investigators cannot investigate only the factors that support their own version of the events. While they will follow leads that support their own suspicions, they must also follow up on leads that may be to your benefit. The same applies to evidence; police must also collect evidence that may support your innocence, if any exists. When police do not properly investigate a case, your lawyer may challenge the investigation and argue that it cannot be proven beyond a reasonable doubt that you are guilty.
These are some of the most common mistakes made by suspects and police in cases involving drug crimes.
Individuals who have been accused of or arrested for an offense related to the use, possession, or possession with intent to sell or distribute drugs must obtain the support and legal guidance of a skilled and aggressive Michigan criminal defense attorney. Contact Grabel & Associates today for unsurpassed legal representation. We are available 24/7 at 1-800-342-7896. Contact us online for a free consultation.