The Elements of Drug-Related Cases Can Provide Viable Defenses

Protecting against Illegal Search and Seizure

The most interesting cases I’ve had in the past involved challenging the police conduct that resulted in the obtaining of drugs. I’ve been relatively successful in terms of convincing a judge, which is rather hard in Westchester County, that police actually violated someone’s rights and had the drugs thrown out, had proceeds of the crime thrown out.

In Westchester County, the Current Climate Is for Judges to Deal Harshly with Drug-Related Offenses

Now, as the seriousness of the crime increases, there is more subtle pressure on the judge not to throw the proceeds out. Obviously, if it’s just a small amount of marijuana or a small amount of cocaine, and if the judge recognizes the police didn’t follow rules and procedures they should have, no one will protest if the judge throws it out. But if it’s a large so called drug dealer, drug seller or possession of a large amount of drugs, it’s harder for a judge to do that.

Attorney Kramer Has Had Great Success in Suppressing Evidence against His Clients and as a Result, Having the Case Dismissed Due to Lack of Evidence

In terms of getting cases thrown out in past, I’ve been very successful at accomplishing that goal. I’ve been real successful at defending individuals, not only charged with possession of drugs but selling drugs. This is because what normally happens is when a police conduct the drug investigation, they don’t usually arrest someone after one sale. The more sales they feel they obtain, the better and the stronger their case.

The Police Will Use Undercover Officers to Increase the Amount of and Strength of Their Arrests

What they do? They put in an undercover police officer undercover for a period of time, and then for three or six months, the undercover officer makes a number of purchases from different sellers, writes in his notes the description of the sellers, the nicknames of the sellers.

Then, when he or she surfaces, they then try to issue warrants for all of the past sales that they had participated in, which brings numerous opportunities to defend these types of cases.

Because Undercover Officers Deal with Numerous People When Conducting Their Investigations, Their Memories of Each May Not Be Clear and Attorney Kramer Has Been Able to Create Successful Defenses for Clients Accused of Selling Drugs

For example, if a person is arrested for three sales, three months ago, a police officer’s memory of what went on back then has faded. Thus there is always the question of whether the correct person was arrested. And what drug purchases are attributed to that particular person.