Defending yourself against drug possession charges
If you’re stopped by a police officer and have drugs in your possession at the time, you could be facing fines or other penalties. You have the right to speak to your attorney and defend yourself, which is a good idea in this case. The possession of drugs can quickly become a claim that you intended to sell them or give them to others, and this could lead to charges that are much more serious than a charge for possession alone.
If you decide to plead not guilty, then you will have a few options for your defense. One is the defense of unlawful search and seizure. Under the terms of the U.S. Constitution, you are owed the right to due process of law. That means that your vehicle can’t be searched without a reason.
For instance, if you have drugs on your front seat, the officer can see those can take them. However, if you’re stopped for a traffic infraction and have no evidence of drug use, there’s no reason for an officer to look in your trunk for drugs without your permission.
You can also argue that the drugs aren’t yours. Sometimes, passengers may be the ones who bring drugs into a vehicle, and it’s fair to claim that you didn’t know that they had them or that they were left in your vehicle. If you have passengers in your vehicle at the time of a stop, it may be hard for the prosecution to prove that you were the person who owned the drugs that were found.
Source: FindLaw, “Drug Possession Defenses,” accessed May 13, 2016
Search for:
Recent Posts
- Motivations behind false domestic violence claims
- Can DUI charges follow you out of state?
- How to protect your mental health if accused of a crime
- Driving and drugs: What you need to know
- Can you get fired for off-duty marijuana use?
Archives
ArchivesSelect Month May 2022 (3) April 2022 (3) March 2022 (3) February 2022 (3) January 2022 (3) December 2021 (4) November 2021 (2) October 2021 (4) September 2021 (3) August 2021 (3) July 2021 (4) June 2021 (6) May 2021 (1) April 2021 (3) March 2021 (4) February 2021 (3) January 2021 (3) December 2020 (3) November 2020 (3) October 2020 (2) September 2020 (4) August 2020 (3) July 2020 (4) June 2020 (2) May 2020 (3) April 2020 (3) March 2020 (5) February 2020 (3) January 2020 (4) December 2019 (4) November 2019 (2) October 2019 (5) September 2019 (1) August 2019 (3) July 2019 (3) June 2019 (4) May 2019 (7) April 2019 (7) March 2019 (7) February 2019 (5) January 2019 (8) December 2018 (6) November 2018 (6) October 2018 (7) September 2018 (6) August 2018 (7) July 2018 (7) June 2018 (7) May 2018 (6) April 2018 (7) March 2018 (5) February 2018 (1) January 2018 (2) December 2017 (1) November 2017 (2) October 2017 (1) September 2017 (2) July 2017 (3) May 2017 (3) April 2017 (1) March 2017 (1) February 2017 (2) January 2017 (1) December 2016 (2) November 2016 (3) August 2016 (3) July 2016 (4) June 2016 (5) May 2016 (4) April 2016 (5) March 2016 (4) February 2016 (4) January 2016 (4) December 2015 (4) November 2015 (5) October 2015 (4) September 2015 (5) August 2015 (4) July 2015 (4) June 2015 (5) May 2015 (4) April 2015 (5) March 2015 (4) February 2015 (4) January 2015 (4) December 2014 (5) November 2014 (5) October 2014 (4) September 2014 (5) August 2014 (3) July 2014 (5) June 2014 (4) May 2014 (4) April 2014 (5) March 2014 (4) February 2014 (4) January 2014 (5) December 2013 (4) November 2013 (5) October 2013 (3) September 2013 (4) August 2013 (4) July 2013 (5) June 2013 (4) May 2013 (4) April 2013 (5) March 2013 (4) February 2013 (4) January 2013 (5) December 2012 (5) November 2012 (2)
