Know Your Rights: Drug Offenses and Legal Options for Defense
If you find yourself facing drug charges, you might be feeling overwhelmed and distressed. However, the most important thing you can do right now is to remember that you– like everyone– have rights that are protected by the law, even when accused of a drug-related crime. If you, or a loved one, are charged with a drug offense, you’ll find it beneficial to familiarize yourself with your rights and explore the legal defense options available to you.
The right to remain silent
The right to remain silent is fundamental. Under the Fifth Amendment of the United States Constitution, individuals have the right to refuse to answer questions posed to them by law enforcement, prosecutors, or other authorities.
Exercising this right can help you to avoid self-incrimination and protect yourself during the legal process.
The right to legal representation
You have a right to legal representation. If you’ve been charged with a drug offense, hiring an experienced defense attorney who’s prepared to fight for your rights is essential. Your attorney will work to ensure that your rights are protected, analyze the evidence against you, and develop a solid defense strategy tailored to your specific case.
The right to due process
The Fourteenth Amendment of the United States Constitution guarantees individuals the right to due process of law.
This means that you’re entitled to a fair and impartial trial, with the opportunity to present evidence, challenge witnesses, and cross-examine evidence against you.
Due process ensures that you are given a fair chance to defend yourself.
The right to privacy
The Fourth Amendment protects individuals from unreasonable searches and seizures. This means that law enforcement must obtain a warrant, or have probable cause, to search your property or seize any kind of evidence.
If your Fourth Amendment rights were violated during your arrest, or the search and seizure process, it may be possible to challenge the admissibility of evidence in court.
Legal defense options
A skilled defense attorney can work with you to explore various legal defense options, depending on the circumstances of your case. Some common defense strategies for drug offenses include:
Illegal search and seizure defense
If the search and seizure that led to your arrest was conducted illegally, this could result in the exclusion of the prosecution’s evidence that was obtained unlawfully.
Lack of possession
Your attorney may be able to help you demonstrate that you were not in possession of the illegal substance at the time of the arrest, or that the substance did not belong to you.
Entrapment
If law enforcement induced you to commit a drug offense that you otherwise would not have committed, entrapment may be a viable defense.
Substance misidentification
Questioning the accuracy of the substance identification process, which may lead to the dismissal of charges if the substance is found to be something other than the alleged drug.
Procedural errors
Your attorney may be able to identify errors, or irregularities, in the handling of evidence or in the arrest process, that could undermine the prosecution’s case.
Seek legal counsel
Finding a dedicated attorney with plenty of experience in the courts is a necessity when you’re facing drug charges. At Digby Law Firm, we’re prepared to fight for you in the court– and win. If you’re facing charges and need to figure out the next steps in the process, please give us a call today.
Need Advise?
Our lawyers are experts in Arkansas defense attorney and they’re here to help. If you would like to discuss the particulars of your prossible civil suit with a defense lawyer, contact the Digby Law Firm.
Protecting Your Rights After a False Accusation During the Holidays
When a Holiday Dispute Turns Into a Criminal Accusation
The holiday season brings people together, but it also creates stress, heightened emotions, and situations where misunderstandings can escalate quickly. Family gatherings, workplace parties, and crowded public spaces can all become flashpoints for conflict. Unfortunately, these moments sometimes lead to false accusations that result in criminal charges.
Being wrongfully accused of a crime during the holidays can feel overwhelming. You may be blindsided by police involvement, embarrassed in front of loved ones, or unsure how to protect yourself. At The Digby Law Firm, we regularly help clients across Central Arkansas, including Benton, Bryant, and Little Rock, navigate false accusation defense cases and safeguard their rights during one of the most difficult times of year.
Charged With Theft? What You Need to Know
Being charged with theft in Arkansas can be stressful, confusing, and overwhelming. Many people are surprised to learn how quickly a simple accusation can turn into a serious criminal matter. Under Arkansas theft laws, prosecutors do not need a dramatic scenario to file charges. Even everyday situations involving misunderstandings, disputes, or poor judgment can result in theft charges that carry long-term consequences.
If you are facing theft charges in Arkansas, understanding how the law works and what you are up against is critical. Early action and informed decisions can make a significant difference in the outcome of your case. At The Digby Law Firm, we help clients across Central Arkansas, including Benton, Bryant, and Little Rock, protect their rights and fight back against theft accusations.
Can the Police Access Your Phone During an Investigation?
With smartphones holding a wealth of personal information, many Arkansans wonder what law enforcement can legally access during an investigation. Texts, call logs, photos, emails, app data, and even location history can all be scrutinized, which makes understanding...
