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When a traffic stop leads to a drug charge

by | Nov 2, 2017 | Criminal Defense |

Even lawyers get into trouble with the law. A recent example was when a Rio Grande City criminal defense attorney ran a red light. The traffic stop resulted in multiple charges.

Booked into Hidalgo County jail on charges of driving while intoxicated and possession of a controlled substance, the Monitor reported he was later released on a personal recognizance bond. When the possible penalties are two to 10 years in prison are there any defenses? We will talk about two in this post.

Reason for the stop

The first potential defense relates to why you were stopped. There needs to be a reasonable and articulable reason. Idle suspicion or a belief that you might be up to no good are not enough.

Does the law enforcement version of the facts line up with what you remember or what a witness observed?

Your story is important, and it’s vital that your defense attorney presents it in a way that protects you, your reputation, your job and your family.

Field sobriety tests

The second defense is to closely scrutinize field sobriety tests. These tests can be subjective and unreliable. But if this is your first time dealing with law enforcement how do you know? You need to have an experienced criminal defense attorney review your situation.

How do these defenses work? If a mistake was made certain evidence cannot be used in court, for instance the cocaine or marijuana found in the glove box supporting the drug crime charges. It can make the difference between a criminal record and dismissed/reduced charges.

Each situation is unique, and you need an advocate to defend your constitutional rights. An attorney can also explain your available options, sometimes alternative penalties can even help you avoid a criminal record.