Dozens of people are arrested for drug related crimes every single day. The Law Office of Steven Gomberg handles all kinds of drug-related arrests in both State and Federal Court. From simple Marijuana possession to serious charges of trafficking Schedule I narcotics, all drug cases must be handled by an experienced attorney. Often bond is set very high for drug offenders. A high bond, or ‘no bond’ can make it difficult for someone to be released from jail following their arrest. A good attorney knows that getting their client released is priority number one. Those being prosecuted in Federal court are often held without bond in Pretrial Detention. The hearing for Pretrial Detention occurs one to three days following an arrest so finding a lawyer must occur very quickly.
Many Drug cases begin with the use of a Search Warrant by the police. A search warrant can only be issued based on a sworn affidavit by officers to a judge establishing that probable cause exists to search a particular home or business. Steven Gomberg has 35 years of experience in attacking search warrants which can result in a dismissal of all charges in your case.
A word of advice; do not carry your prescription medications outside of their bottles. A large number of drug cases are related to prescription pills, so carrying loose pills can look very suspicious to a police officer. It is helpful to have copies of your prescriptions with you wherever you go, particularly if you are prescribed pills with high rates of abuse such as Xanax, Percocet, Oxycodone, Roxycodone, Roxicet, Loracet, and Codeine.
SEARCHES OF YOUR CAR
Many Drug arrests start from a traffic stop. Sometimes these stops clearly result from profiling. Very few people over the age of thirty or driving nice cars or in nicer neighborhoods get stopped for “Illegal Tint” or “Failing to Signal” or, my personal favorite, “Obstructed Tag” (It is illegal to have a frame on your license plate if it obscures any of the text. Look around next time you are at a red light and you will see that this law is never enforced except when the police have a hunch you may be carrying drugs based solely on a hunch.
CONSENT TO SEARCH?
Do not be intimidated into giving the police consent to search your vehicle or, if you are not in a vehicle, do not consent to search or your clothing or person. State clearly that you do not consent. Do not sign a form giving consent for a search. Ask if they are done and whether you are free to leave. This may have to be repeated several times. They may search anyway. Video the encounter if you can, or ask a passenger to do so (it is legal).
The police have become increasingly skilled at using verbal manipulation to obtain permission to search vehicles they have stopped for simple traffic infractions It is a constitutional violation if the police search your car simply because you have been stopped for a traffic infraction and are being issued a ticket. However, when the mood strikes them (otherwise known as ‘profiling’), many officers will, after writing you a ticket, ask you straight out if you have any drugs or weapons in the car. If you say ‘yes’, they will pursue the topic until you produce those items. If you say no, they will likely say “so, there’s no reason I can’t check to make sure?” They may threaten to make you wait while they bring a dog to the location. Any time spent over what is reasonable for the issuance of the traffic citation creates a legal issue I can use to your benefit. If you engage in conduct which necessarily lengthens the time to issue the citation, it clouds the issue in court.
AM I FREE TO LEAVE?
Asking if you are free to leave after signing for your citation is also important. At any point during the stop it is possible for an officer to respect your request to leave if he or she has completed their official duties. Continuing to stay and speak with an officer can heighten the officer’s suspicions and increase the chance of further problems occurring. Be polite – let the officer do his or her job -SIGN THE CITATION (it is not an admission, just a receipt that you have received it) – leave as soon as you can with the permission of the officer.
If these tips have come too late this time, Call for a FREE CONSULTATION.
If you are doing research on your charges, many lawyers have created detailed websites for that purpose. Many are excellent but they do not necessarily aid you in your search for an attorney. Be aware that, like researching your own medical issues, you may subject yourself to an overly dire view of your situation. I can put your case in context and provide you with an explanation tailored to your unique situation.
Call Steven Gomberg – West Palm Beach Criminal Attorney – 561-471-8100 or email us using CONTACT form below (subject line “drugs”).