Whether you’ve been charged with possession or delivery of a controlled substance such as cocaine, heroin, fentanyl, methamphetamine, or analogues of those, the criminal defense attorneys Mas/Stig-Nielsen is here to help. Drug cases—more so than any other case—can be won through pretrial suppression motions.
These cases nearly always involve a search and a seizure of some form of contraband: drugs, residue, scales, baggies, etc. It is always worth exploring if a defendant’s fourth amendment rights were violated by the police. Our Constitution protects your rights to be free from unreasonable searches and seizures particularly those that are conducted without a search warrant. The unlawful search and seizure of evidence can result in suppression if well argued in court.
Drug cases, whether they involve simple possession or organized trafficking conspiracies, often present the issue of the defendant making incriminating statements to law enforcement. Often times suspects are not properly informed of their Constitutionally mandated Miranda warnings. Other times, police officers fail to heed the suspect’s invocation of their Fifth Amendment right to remain silent or their Sixth Amendment right to counsel.
Making a winning argument for suppression is extremely fact specific. The location, the manner, time and context of the search or interview, set the tone as to whether or not you will prevail before a judge. It is important to research and present the caselaw that speaks to the unique situation of your case. Additionally, it is crucial to pinpoint the facts and link them to the caselaw that supports your case for why the police violated your rights.
We have prevailed on suppression motions across Northern Michigan and used our strong motion practice to secure favorable resolutions for our clients. One of the reasons we started our own firm was to have the ability to take on complicated drug cases presenting significant search, seizure and interrogation issues. If you think you have such issues in your case, let our team bring our superior research, motion writing and rhetorical skills to your defense.