One of the first things that your defense attorney in your drug case should do is move for something called a bill of particulars. The phrase might initially sound strange, but the title is actually quite descriptive. It is a list, or “bill,” of details, or “particulars,” about the crime of which you have been accused.
Simply stated, a bill of particulars is a document that states specifically what the government is claiming you did that constitutes a violation of the statute. Further, the government specifies when this supposed conduct occurred.
In order to obtain a bill of particulars, the defendant must request one through a written motion to the court. Upon receipt of that motion, the government must then provide that bill of particulars. A good defense attorney will file a demand for a bill of particulars in every case for a several reasons:
- To preserve your rights,
- To obtain information that you may not otherwise be able to get, and
- To explore defenses that you may have.
The “when” aspect of a bill of particulars is very important especially if you claim that you did not commit the offense. You and your attorney cannot begin to put an alibi together without knowing when the government is claiming you committed the drug offense.
Therefore, by requesting a bill of particulars, you and your attorney can know when the act happened. Then, you can begin putting together where you were on that date and time. If you know, and even have proof, that you could not have been where the government says you were, then you have a viable alibi defense that may serve as a complete defense to the drug charges against you.
Are you or someone you know facing criminal charges?
If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.