While navigating the roadways in New York, sirens may appear in your rearview mirror, indicating the police are stopping you. Understandably, you may panic because you fear receiving a costly traffic ticket. However, if the police find drugs in your vehicle, you could be facing harsher consequences. If you are facing drug-related charges stemming from a traffic stop, it’s in your best interest to contact our proficient Garden City, NY, Drug Crime Attorneys, who can help mount a strong defense.
When Can the Police Stop Your Vehicle?
For law enforcement agents to perform a traffic stop, they must possess an articulable and reasonable suspicion that a violation of the state’s traffic laws has occurred. Essentially, they need a legal basis. The police must have observed a traffic violation to lawfully pull you over. These violations can be as simple as driving over the posted speed limit. If the police failed to comply with the reasonable suspicion legal standard, a seasoned criminal defense attorney could help you prove that you were the victim of an unlawful stop, as the police have no right to arbitrarily harass civilians. It’s important to note that you have the right to remain silent.
What Are the Potential Defenses to Drug Possession Charges in New York?
In drug cases stemming from a traffic stop, it’s crucial to understand your rights. One common defense strategy you may be able to utilize is challenging the legality of the police officers’ search and seizure. In New York, a search without consent requires probable cause that there is contraband in the vehicle. If law enforcement lacked probable cause, an attorney can argue that you were the victim of an unlawful search and seizure. If you prove that your Fourth Amendment rights were violated, your attorney can file a motion to suppress evidence. This can weaken the prosecution’s case against you, potentially leading to reduced or dismissed charges.
In some cases, your defense strategy may involve proving you were unaware of the drugs in your vehicle or lacked the intent to commit a crime. A skilled attorney can argue that you were not knowingly in possession of the illegal substance found in your car. For instance, if you were borrowing another person’s car, you can argue that you unknowingly possessed the illegal substance as an innocent bystander. The prosecution is responsible for proving that you knowingly transported or possessed drugs. It can help establish reasonable doubt in the jury’s minds if they cannot prove this.
When facing drug charges in New York, it’s crucial to seek the counsel of a seasoned attorney from KCS Law, who can help you formulate a robust defense strategy to shield you from an uncertain future. Our legal team understands the complexities of drug cases and is committed to effectively representing our client’s interests. Contact our firm today to learn more about how we can help you navigate this complex legal process.
