What is my defense when charged with drug possession?
Getting accused of drug possession is frightening. You can be ostracized by your family and friends and you could even lose your job and become unemployed. Having a good attorney in your corner can make a huge difference in the outcome of these charges. Some of the defenses that an experienced lawyer will use are as follows.
The Fourth Amendment to the constitution establishes the right to due process of law. This includes search and seizure before an arrest. If drugs are found out in the open, they can be used as evidence. However, if you don’t give permission to search and the police find drugs in your trunk, this is illegal search and seizure.
Do the drugs belong to someone else? A good attorney will make the authorities prove beyond a shadow of a doubt that the drugs belong to you and not a passenger or a friend.
Just because the drugs resemble cocaine or LSD doesn’t mean it automatically is that particular drug. The prosecution has to prove that it is an illegal drug and not baby powder. They usually send the drugs to a crime lab and get results from them.
Are the drugs in evidence? If you have a good attorney, they will require that the actual drugs found are presented in court. Your case could be totally dismissed if the drugs that were allegedly found in your possession are not available to the court for viewing. The chain of evidence has to be intact as well. Passing the drugs from hand to hand may cause a break in the chain in evidence.
The drugs may be planted. It is difficult but not impossible to prove, and if you have an attorney who knows the long arm of the police and their tactics, he or she may be able to have your charges dismissed by proving the drugs were planted on you.
Calling in a legal representative early is so important when you have a drug charge. Knowing your defenses will help you help your attorney.
Source: Findlaw, “Drug possession defenses,” accessed May. 22, 2015
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