Are you facing drug possession charges? Do you look at your case and wonder how you'll ever prove that you are innocent? Are you worried about the consequences of a conviction?
Although every case is unique, there are a variety of common issues your lawyer will examine to determine what your drug defense options are. As you learn more about each one, you may find that one is more likely than the rest to put you in position to avoid the most serious consequences.
Here is a breakdown of the most common defenses to drug possession charges:
- Unlawful search and seizure: Thanks to the 4th amendment, you have rights in regard to search and seizure. For example, if you are pulled over and drugs are in plain view, the officer can seize them and use it as evidence in court. However, drugs found in your trunk after forced entry may by impermissible in court.
- The drugs are not yours: This is one of the most basic defense strategies for any crime. In short, if the drugs in question are not yours, you should not be charged with the crime of drug possession.
- Mistakes in the crime lab: There are times when a substance appears to be an illegal drug, but it actually isn't. This is one of the more detailed drug possession defenses, because it often requires the assistance experienced independent analyst and investigation of crime lab evidence and procedures to determine what mistakes were made to misidentify the drug.
- Entrapment: It's not always easy to prove, but entrapment occurs when an officer pushes a suspect to commit a crime that he or she did not want to take part in. Charges based on entrapment could be dropped if drugs were planted on an individual by law enforcement or the suspect was otherwise coerced into committing a crime.
These are not the only defenses to drug possession charges, but they are among the most common. It doesn't matter what type of drug is in question, one of these strategies may be appropriate to defend your rights against serious drug charges.