By Collin County Criminal Defense Lawyer Jeremy Rosenthal
Drug cases are very technical in nature and are typically more defendable than you may think. They’re not hopeless and by just talking with the prosecutor yourself, you’re precluding almost any chance of acquittal. This is for several reasons.
First is that the evidence must be seized lawfully. In Texas, Article 38.23 of the Texas Code of Criminal Procedure holds that unlawfully seized evidence cannot be admitted into evidence. If the prosecution has no evidence, they lose because they have the burden of proof. The sands are constantly shifting between what is reasonable police conduct and what is not under the 4th Amendment to the U.S. Constitution.
If you’re reading this article for your own case, you probably know by now that police can sometimes be highly aggressive, persistent, and sometimes manipulative in their goal…
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