For us attorneys faced with a criminal case, paying attention to details can mean the difference between conviction and dropped charges for our clients. Criminal charges can be very tricky. We often get people in the criminal law department of my firm who have been charged with the possession, use or distribution of drugs. And the proof that the substance was found on their person or in their vehicles or homes is beyond dispute.
Analyzing the facts
Our job is to uncover mitigating circumstances by scrutinizing the charge sheets and the written interrogation material and cross-referencing them with other information. (In a previous article I implored my readers that in the event you are interrogated, do not sign the charge sheet unless it was translated into English.) With careful examination, sometimes we’re able to find flaws that call into question the testimonies of the police or the investigators as well as the handling of the evidence.
The drugs were in his possession
This occurred in a recent case in Ashkelon. It involved a youth who lived in his parents’ house. During a search conducted at the house, 102 grams of marijuana was discovered along with weights and packing supplies. And even though the young man confessed during the initial interrogation, soon afterwards he recanted his confession.
The judge, while examining the evidence against the youth, noticed that the drugs and the associated paraphernalia that were confiscated had not been labeled as required. In addition, they had been transferred from one person to another, placed in a cabinet in the interrogation room and left unattended for about three hours. And there were numerous other flaws that only a lawyer proficient in the laws would notice. These facts were used as a means to object to the charges.
He was free to go
The judge concluded that it was not possible to know for certain how much marijuana was actually found, and exactly which items were confiscated. Therefore, she acquitted the accused.
This is a splendid example of how painstaking work, scrutiny of protocols and proficiency in the laws makes a big difference in the outcome. And how an attorney’s attention to details can mean dropped charges for his client.