It is important to get an attorney involved in your case as soon as possible. The less you say to the police the better; they will only use your statements against you and will often confuse or distort what you said to make a better case against you. It is very important to understand that what happens on the street at the time of the investigation or arrest by police appears at times completely different in a police report. What happens at the time of arrest and how an officer may later testify against you in a motion or at trial sometimes are completely unrelated; this is the reality of the situation. Probable Cause to search a person or a home sometimes is only an after thought that is added when the police report is written. The reality is police investigate, search and arrest people based on mere hunches which is not a satisfactory standard of proof to invade peoples privacy so it is only later that they then claim to have seen actions or behavior which would amount to probable cause for their search. If you have not already do not make a statement to the police tell them you would like to speak to your attorney first. Avoid the natural desire to want to explain yourself. The police may threaten you with severe prosecution or immediate arrest, don’t be fooled any statement made without an attorney on your behalf is almost always in your worst interest. You have a Constitutional right to remain silent under the 5th Amendment; you do not have to provide evidence through admissions or excuses against yourself. It is the Commonwealth who bears the burden of proving you guilty beyond a reasonable doubt. You have the right to sit there in Court and make the Commonwealth bring witnesses and evidence to prove you guilty beyond a reasonable doubt. You do not have to say anything at trial if you wish and the Commonwealth cannot argue that your silence at your time of arrest or at trial is somehow proof that you are guilty.

Most drug cases are fought through motions to suppress evidence where the manner in which the police found the drugs or investigated the matter is challenged as unconstitutional. Search warrants are often executed at homes which are either improperly applied for or executed. These things need to be challenged. Frank Fernandez is a former prosecutor who has had numerous drug trials as both a prosecutor and criminal defense lawyer, he has been practicing criminal defense for years and is very good at investigating drug cases using investigators who are former State Troopers to help build the strongest case for you. There are many stages in a criminal drug case they include: the initial investigation, questioning, extradition, arrest, grand jury proceedings and testimony, bail hearing, arraignment, motions to suppress evidence including statements, plea negotiations if appropriate, jury or judge trials, verdicts, pre-sentence investigations and reports, post conviction appeals and motions for new trial, probation violation and issues of parole. You need an attorney as soon as possible if facing a drug charge to help guide you and fight at every stage on your behalf.

Please call Attorney Fernandez now for a free consultation, 24 hours, at 617-393-0250