NBC Right Now reported today on a
major arrest carried out by the Pasco Police Street Crimes Unit. A total of eight people
were taken into custody this morning during an investigation in which
a search warrant was carried out at a house on 25th Avenue. The police had received complaints about drug-related activity
in the area, and the search discovered drug paraphernalia including needles,
baggies and controlled substances such as meth and heroin.
When arrested under circumstances such as this, a person might assume that
there is little or no hope of avoiding a criminal conviction and penalties
including imprisonment and fines. There are however several issues that
a skilled criminal defense attorney may be able to raise and which could
make it possible to pursue a reduction or dismissal of the charges:
Fourth Amendment Rights
Under the Fourth Amendment of the Constitution, it is illegal to issue
a warrant for search of person or property unless there is probable cause
for a warrant. While the news report mentions that there were complains
of drug activity, it is not yet clear how specific these complains were
in describing the specific property or the persons involved in the alleged
activity. Careful investigation of the complaints, police records and
other factors could support a motion to dismiss the charges based on a
Constitutional violation.
Wrong Place, Wrong Time
Any one of the eight people arrested this morning might have grounds to
contest the charges based on a defense that he or she was simply in the
wrong place at the wrong time. Even if the search warrant was valid and
there was criminal activity occurring at the house, one or more of the
suspects may actually have just been visiting or otherwise not involved
in anything that would constitute breaking the law.
Sloppy Investigative Work
Law enforcement officers are well trained to carry out careful investigation
of crime scenes, but mistakes do happen. A criminal defense attorney may
be able to demonstrate that errors in the handling or evaluation of evidence
could have led to wrong conclusions or might even have corrupted the evidence
in such a way as to undermine the basis for prosecuting the case and supporting
the charges.
Drug Court in Benton and Franklin County
As outlined above, there are several different approaches to fighting criminal
charges, even if you seem to have been “caught red handed.”
In some cases, of course, a conviction is inevitable, but this doesn’t
mean you have to go to prison. Washington’s drug laws have evolved
over the years to make some allowance for the fact that not everyone arrested
for a drug crime is a criminal. It is often possible to negotiate with
the prosecutor and judge for a sentence that includes treatment and rehabilitation,
with a focus on recovery rather than punishment. In the Tri-Cities, for
example, such cases may end up in the
Benton-Franklin Adult Drug Court. Not everyone is eligible for this option, but it is available in many cases.
If you or a loved one has been arrested for possession, manufacture, distribution
or any other type of
drug crime, contact the Metro Law Firm now. We offer confidential consultations and
we are ready to speak with you about the case to determine the best course
of action and get started on a plan for defense.