Defenses to a Drug Offense in Las Vegas
The Defenses available to you vary greatly by the facts of your case. Most attorneys, who don’t have the experience, insight or tenacity of Partner Josh Tomsheck of the Law Firm of Hofland & Tomsheck, will simply walk into Court and take the first offer that the State gives in a drug case. Mr. Tomsheck has handled thousands of cases involving drug charges in his career. As a former Chief Deputy District Attorney, Josh Tomsheck worked on virtually every type of drug case and encountered virtually every type of issue that can arise in a case where drug charges are filed. This experience allows him to identify potential defenses and areas to fight where the run of the mill criminal law attorney would just roll over. Among the defenses Mr. Tomsheck can identify and use to your advantage are:
- Constitutional rights violations:
Many times law enforcement will overstep what is allowable under the constitution of the State of Nevada and the United States. Violations of a citizens 4th Amendment rights are perhaps more commonly seen in Drug Related Crimes. Other times, an overzealous police officer may violate a suspects 5th or 6th amendment rights when utilizing an interrogation or interview technique. These instances can lead an experienced Las Vegas Criminal Attorney to file a Motion to Suppress which can cut the Government’s case off at the knees.
- Illegal person or vehicle stops:
In some instances, law enforcement's first contact with a suspect is illegal. When this is the case, through an improper stop of a person or vehicle, everything that happens afterwards is subject to suppression under the doctrine of the “fruit of the poisonous tree.”
- Illegal search and seizure:
Individuals have a right to feel safe and secure in their homes or vehicles. Without a warrant based on probable cause, signed by a judge, searches can be deemed illegal and not admissible at trial.
- Possession issues:
Often, police will attribute a purported controlled substance to the wrong individual, leading to charges being filed against a truly innocent person. In these circumstances, it is imperative that your Las Vegas Drug Crime Lawyer knows how to defend these serious accusations.
- Miranda rights improperly given before questioning:
Drug cases are no different than any other type of allegation in that before the statements or confessions of a person charged are admissible at Trial, the prosecutor must show that the statement was not made in violation of an individual’s rights under the 5th and 6th amendment and the Miranda decision.
Police and law enforcement commonly utilize a undercover operations, sometimes called “stings,” to prove up a drug crime accusation. This method results in thousands of arrests each year across the United States and is a very common method used to accuse someone of a drug crime in Las Vegas. Sometimes however, the police go too far and violate a person’s rights. When that occurs, the legal defense of entrapment may apply.
Entrapment is when an otherwise law-abiding person is induced or coerced into committing a criminal act the would not normally participate in by the fraud, harassment or threat made by a member of law enforcement.
- Errors with weighing, packaging or labeling drugs:
Some Nevada Drug offenses require a certain requisite weight. Sometimes the purported substance is weighed wrong or weighed including the packaging or container holding the substance. This can lead to overcharging. Other times a purported controlled substance is packaged or labeled incorrectly and outside of police protocol. This defense happens more than you would think and can lead to the destruction of a prosecutor’s case.
- Faulty field testing or chemical testing of substances:
Just because the police or the prosecutor allege something doesn’t make it so. Law enforcement and criminal prosecutors have an obligation to prove their case when they accuse someone of a crime. As such, they must perform tests in the field and the laboratory correctly and while utilizing reliable scientific methods. When they do not, or when they break protocol, this can create a defense for the person accused.
Attorney Josh Tomsheck of the Law Firm of Hofland & Tomsheck recognizes the issues in a case quickly and knows how to aggressively and efficiently negotiate the best deal possible. If the State does not offer you an acceptable plea deal, Josh knows how to win at trial. Call Josh today for a Free Initial Consultation to determine what the issues in your case are. Our experienced Las Vegas criminal law attorney will give you an honest assessment of your situation and let you know what we can do to help. We are available during regular business hours and can be reached 24/7 in the case of an emergency. Call (702) 895-6760 or e-mail right now to schedule an appointment.