Arizona is a known hot spot for drug smuggling, and police officers are constantly on the lookout for any reason to stop a car. In most cases, officers decide to stop a car for a traffic violation. However, often, what starts off as a simple traffic stop escalates into something even more serious once the officer exits their vehicle and approaches your car. While police officers are looking for any evidence of criminal conduct during a traffic stop, the most common thing they are looking for is evidence of narcotic drugs for sale.
At the Law Office of James E. Novak, we proudly represent individuals who face serious drug charges. We have more than two decades of experience aggressively defending the rights of our clients, helping them move past their arrests and on with their lives.
Arizona law divides drug offenses into two main categories: possession charges and selling charges. If officers observe a drug transaction, it’s pretty clear that you’ll be charged with narcotic drugs for sale. However, you may still face drug selling charges even if you didn’t make a sale because the law allows the state to prove its case based on circumstantial evidence that you intended to sell the drugs. For example, prosecutors may use any of the following evidence to argue that you possessed narcotic drugs for sale:
Of course, each of these may have an innocent explanation, but don’t assume that the officer will take your word for it. This is where an experienced Maricopa County criminal defense attorney can help by creating a compelling defense based on all the surrounding facts that illustrates you did not have the intent to sell drugs.
One of the jobs of a police officer is to investigate crime. So, when a police officer conducts a routine traffic stop, they are naturally on the lookout for any evidence which may suggest the driver or a passenger is engaged in illegal activity. As an officer approaches your car, they are shining their light in the back seat, and as they talk with you at the driver’s window, they are quickly glancing through the car. At every stage of a traffic stop, police officers are hoping to find something more serious than the traffic violation they stopped you for.
However, there are a few problems with how police officers approach traffic stops. First, when you’re a hammer, everything looks like a nail. In other words, police officers are constantly surrounded by criminal activity and have been trained to assume that anyone could be hiding something. Thus, they are often far too skeptical of drivers and may continue their investigation well past what is justified.
Second, police officers must respect the constitutional rights of drivers when conducting a traffic stop. This means that officers cannot do any of the following:
While officers are prohibited from using these techniques in their investigations, they often use them in hopes of uncovering evidence. However, any evidence that is obtained in violation of your constitutional rights is not admissible at trial.
If you were recently pulled over and subsequently arrested for possessing narcotic drugs for sale, it is important that you understand your options. Despite what the police or prosecutors say, you may have a defense to the crimes charged. At the Law Office of James E. Novak, we regularly defend clients facing serious drug charges and have been doing so for more than 25 years. We take a strategic approach to every case we handle, ensuring that you are provided with the defense you need, deserve, and are entitled to. To learn more, and to schedule a free consultation today, call Attorney James Novak at (480) 413-1499. The Law Office of James Novak proudly defends clients in Phoenix, Tempe, Mesa, Chandler Scottsdale, Gilbert and other surrounding cities in Maricopa County.