Whether this is the first time you have been arrested or have prior convictions, a criminal defense attorney in Walton County can challenge your charges on statutory, constitutional, or administrative grounds. One of the first questions you might ask yourself after being arrested is what types of defense arguments are available to you. A criminal defense attorney can advise you of your rights and develop legal defense strategies that could reduce or eliminate your charges.
Rights Under The Constitution
You have a right to be free from unreasonable government intrusion into your person or property. Under the Fourth Amendment to the U.S. Constitution, law enforcement must have probable cause or a search warrant before apprehending or detaining a person. The law also prevents items that were unlawfully seized from being used as evidence in criminal cases. Under the law, you are protected from authorities searching places and items that you have a legitimate expectation of privacy, such as your place of business, home or apartment, luggage, purse, or clothing.
When your rights have been violated, you should speak to a criminal defense attorney who can review the search and seizure procedures. If law enforcement has unlawfully detained you and seized any evidence derived from the unconstitutional search, it will be kept out of your case.
Self-Defense
Self-defense is often used in cases where the defendant has been charged with a violent crime such as battery or murder. Under Florida’s Stand Your Ground Law, a person is justified in using non-deadly force and has no duty to retreat if they reasonably believe that such force is necessary to defend themselves or someone else against another’s imminent use of unlawful force. If you truly believed that you or someone else were in danger of suffering great bodily harm, then your use of force may be justified under Section 776.012, Florida Statutes. A jury will determine whether or not the use of force was warranted and if a reasonable person in the same circumstances would have done the same. However, if the defendant was the aggressor and did not withdraw from physical contact or was committing another felony at the time of the incident, that could cause the denial of a self-defense instruction.
Defense Against Possession Charges
A controlled substance is a drug or chemical whose use, manufacturing, and possession are regulated by the United States Controlled Substances Act. These substances are regulated because of their high risk of addiction, abuse, and the physical and mental harm they can cause. Under Florida law, it is illegal to possess medications without a valid prescription.
There are many different ways to fight a possession case, but it’s important to speak to an attorney about your situation to maintain your innocence. Prosecutors have the burden of proof, which means they must prove beyond a reasonable doubt that you knowingly possessed the illegal substance. A skilled and tenacious criminal defense lawyer can make this difficult by arguing:
- That the drugs belonged to someone else
- The drugs were searched for illegally
- That the defendant is the victim of entrapment
- That the alleged illegal substance is a drug that was lawfully obtained at a pharmacy through a prescription written by a medical doctor on behalf of the defendant
