If you have been charged with a federal drug crime, you likely understand that convictions can seriously impact your future through prison sentences, fines, and damage to your reputation. A seasoned criminal defense attorney can discuss the various potential ways in which you might able to appeal your case. This article will review some of the various defenses that you might be able to raise in your case.
Improper Admission or Denial of Evidence
Convictions for drug crimes are frequently based on the quality of the evidence that is admitted against a person. If evidence is improperly allowed by a judge to be used against a person, lack of evidence or prejudicial evidence are often defenses capable of being used for the basis of an appeal. One of the most common ways in which evidence is unlawfully obtained is through the violation of a person’s Fourth Amendment rights, which protect against unreasonable search and seizure by law enforcement.
Failure of Legal Counsel at Trial
Many lawyers are incompetent or not able to provide sufficient legal representation. If you received ineffective legal counsel, you likely are able to raise a strong appeal. It is important to remember that even if a lawyer does not provide the best potential legal representation, this does not always automatically give rise to a failure by legal counsel claim.
Improper Judge Instructions
If a judge improperly instructed jurors about how to analyze facts at a person’s trial, there is likely a strong basis for an appeal that can be raised. When juries are not provided an accurate idea of how to view a person’s case, it can result in that person facing penalties that he or she otherwise would not have to endure.
When a judge sentences a person to an improper sentence, convictions that are not supported by the law can be appealed. Instead, a judge must sentence a person to a penalty that is reasonably within the law.
Law of Legal Representation
If law enforcement got statements from a person who was in custodial investigation in an unlawful way, these statements are likely capable of being squashed on appeal. Failure to satisfy a person’s request for an attorney will also likely be a basis for appeal.
Unlawful Arrest or Seizure
To stop and detain a person, law enforcement must have reasonable suspicion that a person violated the law. Law enforcement also must have probable cause that a person committed a crime before arresting him or her. If law enforcement lacks this type of basis, you likely have strong grounds on which to base an appeal.
Speak to a Federal Criminal Defense Attorney
Even if you are convicted of a drug crime at a lower level, that does not mean that all hope is lost. A skilled attorney is able to review the important facts of your case and determine the strongest grounds on which you can construct an appeal. The legal counsel at the Federal Criminal Law Center is capable of providing a strong criminal defense to people charged with a variety of federal crimes. To begin taking control of your case today, contact our law office regarding the manner.