Fort Lauderdale Drug Crimes Attorney
Drugs and Narcotics Charges
If you or your loved one has been arrested for a drug or narcotic charge such as drug trafficking, conspiracy, importation, manufacture, delivery, or possession, the Law Office of Steven J. Hammer, P.A. can help. For nearly two decades, he has been zealously fighting to protect and preserve his client’s constitutional rights. Whether your case is in State or Federal Court, Attorney Steven J. Hammer has the skill and experience that can make the difference between a prison sentence and your freedom.
The Law Office of Steven J. Hammer, P.A. has successfully defended felony and misdemeanor drug cases that involve:
- MDMA (ecstasy)
- Crack cocaine
- Prescription fraud
- All types of narcotics
In every drug case, the constitutionality of the law enforcement officer’s stop of the individual, the resulting search of the individual, and the ultimate seizure or arrest of the individual is the central issue. In order for the prosecution to succeed - the initial stop, the search, and the seizure must be legal. However, often times, in their eagerness to make an arrest, law enforcement officers make mistakes – mistakes that rise to the level of a violation of an individual’s constitutional rights. Steven J. Hammer's knowledge of the law and experience in the courtroom enables him to find errors that other lawyers might miss.
A law enforcement officer may stop an individual for questioning (this is not an arrest). A stop occurs when a police officer briefly detains you to ask you questions, but does not move you to a different location. However, a police officer should not stop you unless he has a reasonable belief that you have violated the law.
During the stop, one of the questions that a police officer may ask is for consent to search you or your property. Although most people do not know this (and the police will usually not tell you) every one of us has an absolute right to refuse to give consent to search. As a result, the police officer cannot conduct a search of either you or your property without your consent unless he has what is known as "probable cause" or has a valid search warrant. Thus, the police officer may perform a search without your consent, by relying on his determination that probable cause existed, or based upon the search warrant.
If the police officer finds illegal drugs as a result of his search, he will seize that item as evidence to be used against you in a criminal trial, and you will be placed under arrest.
Legal Challenges of the Stop, the Search and the Seizure
In order for the police to legally stop you, legally search you and ultimately, legally arrest you for a violation of the law – they must follow the law during their stop, their search, and their arrest. As a result, the Law Office of Steven J. Hammer, P.A. has successfully filed motions challenging the law enforcement officer’s search of his clients based upon such things as whether or not consent to search was given and if so, was the consent voluntary; the existence of probable cause to search; the sufficiency of a search warrant; and the admissibility of the evidence found as a result of the illegal search. When the police conduct an illegal search, the evidence cannot be admitted; and without the evidence, the case is dismissed.
Tougher Sentences require a Tougher Attorney
Over the years, the legislature has established mandatory sentencing and ever-tougher penalties. As a result, prosecutors and judges have taken a harsh stance when it comes to setting bonds on drug cases pending trial, and the determination of the appropriate sentences to impose upon a drug conviction. Having a tenacious attorney on your side, one who is not afraid to fight for his client’s rights every step of the way, is vital to the success of your case. Mr. Hammer's years of experience has built his reputation among his peers as a true believer in defending his clients. The judges, prosecutors and law enforcement officers know that when it comes to protecting his client’s rights, Steven J. Hammer is not afraid to go to bat for his clients - and when he does, he swings very hard.
Contact us to schedule a free consultation so that we can discuss the facts surrounding the search of your home, your vehicle or your person so that we can begin the process of protecting your rights.
Contact Fort Lauderdale Criminal Defense Attorney Steven J. Hammer
440 South Andrews Avenue, Fort Lauderdale, Florida 33301