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How Can I Fight Drug Charges Stemming from a Traffic Stop?

If you get pulled over and the cops find drugs, you need to start fighting those charges right away. Instead of talking to the cops, you should tell a Des Moines drug crime lawyer everything that you can about the traffic stop that led to your arrest. Based on your unique circumstances, we can help you figure out the best way to defend yourself and reduce your chances of being hit with serious penalties.

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What if the Traffic Stop Wasn’t Valid?

One of the best ways to fight drug charges is by questioning the traffic stop itself. If drugs were only found due to a traffic stop, then calling the stop’s legitimacy into question can be a smart move. Cops cannot just stop you because they feel like it. If you were not committing a traffic violation or acting suspiciously at the time you were pulled over, it may be possible to get this stop thrown out.

What Happens if the Court Agrees That the Traffic Stop Wasn’t Valid?

When you argue that there was no valid reason for a traffic stop, the state will obviously make its case and try to keep the stop as a part of its case. There is a good reason for this. If the court agrees with you and throws out the stop, that means that anything found during the stop can get thrown out as well. This often means that the drugs allegedly found in your vehicle, which are likely the primary evidence against you, can be thrown out as well.

Once the prosecutor can no longer use the drugs as evidence in a drug case, that’s a problem for them. They are likely to drop the charges against you.

Are There Other Good Defenses to Drug Charges?

Challenging the traffic stop is a good idea, but maybe there was a valid reason for the stop. If you were speeding or had a broken taillight, the cops were doing their jobs and had a good reason to pull you over. At this point you may be able to:

Challenge the search: Cops need a warrant or your permission to search your vehicle. If they had neither and found drugs during a search, their search and those drugs can be thrown out.

Claim the drugs don’t belong to you: Yes, drugs were found in the car, but you had no idea that they were there because they were not yours.

Claim that you did not notice trace amounts of drugs in the car or on your person: If a dog sniffs out a small amount of drugs on you or in your car, that’s not necessarily enough evidence for serious drug charges. Arguing that you did not know the drugs were there is valid in a case like this.

Contact Our Defense Attorneys

When you are facing drug charges, you need to find someone who will advocate for you and fight the state’s accusations. Contact Herting Law, PLLC and schedule a consultation with our team. We are ready to help you defend yourself against drug charges.

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