When facing drug possession charges in Ohio, having a skilled defense lawyer is important in upholding your constitutional rights. With their understanding of the law and the impact of constitutional protections, these attorneys will look for potential violations that could help your case. 

These lawyers ensure that the legal system functions justly and respects the rights of the accused. When you hire a skilled and knowledgeable Ohio drug possession defense lawyer, you can take the first step to protect your rights. 

drug possession arrested

Illegal Search and Seizure

Constitutional rights protect individuals from unreasonable searches and seizures by law enforcement, primarily through the Fourth Amendment. Defense lawyers will carefully examine the circumstances surrounding their client’s arrest and the police search to mount a defense based on illegal search and seizure.

The exclusionary rule, established by the Supreme Court case Mapp v. Ohio, prohibits using evidence obtained through unconstitutional searches or seizures in court. If defense attorneys can prove that their client’s Fourth Amendment rights were violated by law enforcement, they can file a motion to suppress the evidence, which could result in a dismissal or reduction of charges.

Miranda Rights Violations

The Fifth Amendment protects against self-incrimination, another constitutional safeguard in drug possession cases. Miranda rights require law enforcement to inform individuals of their right to remain silent and have an attorney present during custodial interrogations. 

If a client’s Miranda rights were violated during their arrest or questioning, their statements may be inadmissible in court. Skilled defense lawyers will examine the arrest’s details, ensuring law enforcement has respected their client’s constitutional rights. Identifying and presenting violations to the court can significantly weaken the prosecution’s case.

Due Process Violations

The Fifth and Fourteenth Amendments guarantee due process protections, ensuring fairness and procedural justice throughout the legal process. In drug possession cases, defense attorneys must protect their client’s rights to a fair trial, competent legal representation, and impartial judgment.

Due process violations can occur at any stage of the criminal proceedings. Defense lawyers will analyze the actions of law enforcement, prosecutors, and the court to detect any instances of misconduct, inadequate disclosure of evidence, or denial of fundamental rights. By advocating for due process, defense attorneys protect their clients from unjust treatment and strive toward achieving a just outcome.

Applying These Protections to Your Case

For drug possession defense lawyers in Ohio, mounting a strong defense requires an in-depth understanding of constitutional rights and using them to protect their clients. By exploring potential violations of constitutional rights, such as illegal search and seizure, Miranda rights violations, and due process violations, defense attorneys can build compelling arguments to defend their clients’ liberties.

Reach Out to Our Ohio Criminal Defense Team

Defense attorneys play a vital role in upholding the principles protected by the Constitution in a society that values fairness and individual liberties. An Ohio drug possession defense lawyer will navigate these constitutional rights to guarantee fair and just treatment for their clients. 

If you are searching for an attorney to advocate on your behalf, contact Hunt Law LLC. Throughout the years, we have successfully defended individuals accused of drug possession crimes in Ohio. Contact us at 330-469-9836 to arrange a free consultation today.