Drugs & Firearms
Attorney in Wilmington, Delaware
The Fourth Amendment is often considered a criminal defense lawyer’s “best friend” as it is the most violated constitutional right by law enforcement. Mr. Foley has enjoyed great success in challenging encounters between the police and his clients, whether it be a traffic stop, detaining someone on a public sidewalk, or even when the police enter a house with a search warrant.
Simply put, the Fourth Amendment prohibits the police from conducting fishing expeditions or shakedowns without reasonable suspicion or probable cause to justify their actions.
As a former drug prosecutor, Mr. Foley has firsthand knowledge of how the government builds its drug cases and knows how to successfully counter their prosecution tactics.
The mere presence of a firearm at a crime scene or in a vehicle does not mean that a person has committed a weapon or firearm offense.
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"The Heart of The Fourth Amendment Is Designed to Protect Persons from Unreasonable Government Intrusions, a Standard Which only Becomes Meaningful when It Is Assured that At Some Point the Conduct of Those Charged with Enforcing the Laws Can Be Subjected to The More Detached, Neutral Scrutiny of A Judge Who Must Evaluate the Reasonableness of A Particular Search or Seizure in Light of The Particular Circumstances.” – Supreme Court Justice Earl Warren
People are often wrongly over-charged, particularly when weapon or gun charges are added to less serious criminal charges such as simple possession of drugs in a home or vehicle.
Possession of Drugs
Obtaining Prescription Drugs by Fraud
Possession of a Firearm During the Commission of a felony
Possession of a Firearm by a Person Prohibited
Carrying a Concealed Dangerous Weapon