It might feel like criminal law grants police and prosecutors a considerable amount of power, but in reality, they must follow strict protocol when dealing with defendants. The criminal justice system is supposed to operate on the belief that suspects are innocent until proven guilty. If you were charged with a drug crime but police violated your rights—or the prosecutor committed a procedural error along the way—you may be able to build your defense around their mistake.

How Can a Procedural Error Help Fight Drug Charges?

1. Entrapment 

Under criminal law, officers are prohibited from encouraging individuals to commit crimes that they ordinarily wouldn't have perpetrated if not for police involvement. Detectives who are working undercover cannot attempt to sell drugs to someone who wouldn’t have sought them out otherwise.

2. Unlawful Search & Seizure

The Fourth Amendment protects Americans from unreasonable searches and seizures. That means police can’t pull over just anyone, nor can they search individuals at will. In Ohio, officers can only conduct traffic stops when they witness traffic violations or when they have reason to believe the motorist in question is driving under the influence or is wanted for committing some other crime. Even if a stop is warranted, police cannot search the vehicle unless they have probable cause to believe it contains contraband or evidence of a crime. 

3. Laboratory Errors

Prosecutors must prove that the substance in question is, indeed, an illegal drug. They can do this by sending the seized material to a crime lab. If the lab techs make an error when testing it, though, the results are inadmissible in court and cannot be used to convict you. Should this be the situation you’re in, a resourceful criminal law attorney will help you determine the best way to challenge the results of the test. 

If you’re facing drug charges, turn to the Law Office of Lawrence W. Henke, III. Located in Dayton, OH, this firm is backed by more than 40 years of experience in criminal law. When you turn to their team for help building your defense, you’ll receive personalized guidance and attentive service from the moment you enter the office until the day your case is resolved. To learn more about his areas of expertise, including white-collar crimes, misdemeanors, and traffic violations, visit his website. To request a consultation, call (937) 461-9330 today.