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Drug Crime Lawyer in Fairfax

Unreasonable Search and Seizure

In order to conduct a lawful search and/or seizure, law enforcement must have a valid search warrant or arrest warrant or must establish probable cause. Probable cause exists in the presence of facts and circumstances that would lead a reasonable person to believe, with more than a simple suspicion, that the defendant is committing, has committed or is about to commit a crime. This presents somewhat of a grey area in criminal law and may be subject to slightly different interpretations depending on the specific circumstances.

If law enforcement conducts an illegal search or makes an unlawful arrest and a defendant is charged with a drug crime, this may offer a criminal defense lawyer the opportunity to successfully challenge the defendant's charges on the basis of an unreasonable search and seizure. As a former prosecutor and experienced Fairfax drug crime defense attorney, Vaughan C. Jones understands how search and seizure laws work. He is intimately familiar with Fourth Amendment rights and uses this knowledge regularly in handling drug crime cases in particular.

Subjected to an illegal search? A Fairfax drug crime attorney can use this to your advantage.

With drug charges, the hard evidence law enforcement has obtained typically serves as the foundation for the prosecuting attorney's case. This may include the drug itself as well as other evidence that may indicate the intent to distribute or traffic the substance, such as baggies, measuring scales, large amounts of cash, weapons, etc. If the evidence was obtained in violation of the defendant's Fourth Amendment rights, this may provide grounds to file a motion to suppress this evidence. Without the actual drugs, how can a prosecuting attorney prove that a defendant is guilty of drug possession, distribution or trafficking?

Find out more about how we can challenge your drug crime allegations or charges by proving an unreasonable search and seizure. Contact the firm to schedul a free consultation with a Fairfax drug crime lawyer today.

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