Winning An Acquittal of Drug Possession Or DUI Charges Requires A Skilled And Experienced Defense Attorney
People who are charged with drug possession or DUI in Alabama can win an acquittal of drug possession with experienced legal counsel. Often, the charges give rise to important issues about the actions of the police. The important question is whether the police acted within the law when they found the drugs, or determined that the person was intoxicated beyond the legal limit. Searches and seizures that are improper can be challenged in court which could result in the evidence being thrown out. An Alabama defense attorney who is experienced in dealing with the local police, prosecutors, and the court system can often win an acquittal of drug possession.
An acquittal of drug possession occurs when the evidence does not convince the trial judge or a jury that it is sufficient to prove quilt. A skilled attorney who knows the laws pertaining to drug possession charges or DUI charges is able to apply the laws to the case he is defending.
This defense of a DUI is a highly technical and specialized practice. The attorney must have a thorough understanding of the relevant legal requirements for proving a case. He must also be very familiar with the pretrial and trial procedures that control the admission of evidence. He must also be knowledgeable about the rates of alcohol absorption and the effects of alcohol on the body.
What Your Attorney Should Know
The attorney must also have expertise about acquittal of drug possession and the various devices police use to test and measure the alcohol level in the body. He must know how to challenge a breathalyzer test based on the length of time since the equipment was last calibrated and the experience of the officer administering the test. A field sobriety test is a non scientific and unreliable test which is subject to flawed results. The attorney must be able to challenge this test and expose it for what it is which is a test that does not prove the driver was intoxicated.
The Prosecutor Will Use Any Evidence Possible
However, the prosecutor will not hesitate to use any evidence he can until he is challenged by a skillful and aggressive attorney who can discredit the evidence and get it thrown out.
In the matter of a drug possession charge, the prosecution must show the accused intentionally and knowingly had control of the drugs. Possession means that the accused has personal and physical control over the drugs and knew he did. This is not hard for the prosecutor to prove if the drugs are in the personal custody of the accused or the accused has personal control over the drugs. However, a skilled defense attorney will be looking for a way to enable the accused to claim the drugs were not his or he didn’t know they were in the car. The attorney will also challenge the legality of the search. If the drugs were discovered as part of an illegal search, then these drugs cannot be used as evidence in court. Winning an acquittal of drug possession charge can be very difficult so an attorney who is the most skilled and knowledgeable about the drugs laws and the court procedures is the person that can best represent the accused.