The Role of a Drug Charge Lawyer in Protecting Your Rights

Whether you have been charged by state or federal authorities, facing drug charges in the State of Nevada is something that should be taken seriously given the potential penalties of a conviction. Fortunately, you have several constitutional rights that can help protect you as a defendant in a drug case, but you must understand how and when to exercise those rights to benefit from the protection offered. Toward that end, The Vegas Lawyers explain the role of a drug charge lawyer in protecting your rights throughout a criminal prosecution.

What Are My Rights?

In the United States, a defendant in a criminal prosecution is guaranteed several rights found within the first ten amendments to the U.S. Constitution, collectively referred to as the Bill of Rights. Many of the provisions found in the Constitution of the State of Nevada mirror the rights found in the federal Bill of Rights, reinforcing the rights of a defendant in a criminal prosecution, including the right to:

• Remain Silent: Found in the 5^th Amendment to the U.S. Constitution, the right against self-incrimination (right to remain silent) means precisely what it says. Aside from providing basic identifying information, you are not required to speak to a law enforcement or to answer questions. Moreover, you can exercise this right as well as waive the right at any time.
• Be Free of Unreasonable Searches and Seizures:  The 4^th Amendment guarantees that you will be free from “unreasonable searches and seizures.” Unless an exception applies, this right means that a law enforcement officer cannot conduct a search of your person, property, or things without first obtaining a warrant that must be based on probable cause.
• Be Represented by Counsel: The 6th Amendment gives the accused in a criminal prosecution the right to “assistance of counsel.” Although most of us take this right for granted today, the ability to have an attorney defend and protect you in a criminal case was not always the case.
• Be Protected from Double Jeopardy: Located in the 5^th Amendment, the right to be protected from double jeopardy prevents you from being punished for the same offense twice. In a jury trial, jeopardy attaches when the jury is sworn whereas in a bench trial (tried to a judge), jeopardy attaches following the swearing in of the first witness is sworn in. If you enter into a guilty plea agreement with the prosecution, jeopardy attaches when the court accepts the plea.
• Confront and Cross-Examine Witnesses Against You: The 6^th Amendment gives a defendant the right to confront and cross-examine witnesses against them. In practice, this right allows your defense attorney to depose State witnesses, examine the State’s evidence, and ask witnesses for the State questions during a trial.

How Can a Drug Charge Lawyer Protect My Rights?

The rights that are guaranteed to you under both the U.S. and Nevada Constitutions may play a critical role in your defense strategy; however, you need an experienced drug charge lawyer to ensure that those rights are protected and exercised effectively.  Having an experienced lawyer by your side ensures that your rights are protected throughout the prosecution of your case. Common examples of ways in which a drug charge lawyer can help include:

• Acting as a Shield: Once you ask for an attorney during a custodial interrogation, the police must stop asking you questions and may not resume until your attorney is present. Therefore, from the moment you retain an attorney, your lawyer helps protect your right against self-incrimination.
• Investigating the State’s Evidence: Because you have the right to confront and cross-examine witnesses against you, your lawyer will likely schedule depositions prior to trial, allowing you to gain critical information regarding the intended testimony of those witnesses. Your lawyer also has the right to examine physical evidence and documents the State plans to use as evidence as well as arrange for independent testing of physical evidence.
• Challenging Illegally Obtained Evidence: If your right against unreasonable searches and seizures was violated, your lawyer can address that violation by moving to exclude from trial any evidence obtained during that illegal search. The same applies if your right against self-incrimination was violated and the State wants to use anything you said against you at trial.
• Cross-Examining Witnesses: Your lawyer will be prepared to challenge the reliability and credibility of witnesses at trial through cross-examination. Skilled cross-examination can show inconsistencies in a witness’s testimony, bias on the part of a witness, or may even uncover illegal conduct on the part of law enforcement officers during the underlying investigation.

Contact A Las Vegas Drug Charge Lawyer at The Vegas Lawyers

At The Vegas Lawyers, we will aggressively protect and defend your rights if you have been accused of committing a drug-related crime. Consult with an experienced drug charge lawyer at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-7000 or contact us online.

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