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What are possible defenses to drug possession charges?

| Dec 9, 2016 | Criminal Defense

If you have been charged with drug possession, you may be worried about the possible consequences if you are convicted of the crime. You realize you may be facing hefty penalties, possible jail time and fines to pay. However, you also know you have rights and that an attorney can help dismiss or reduce penalties based on the specific facts of your case and what actually happened.

There are many defenses an attorney can use when it comes to drug possession charges. If you were charged with drug possession involving marijuana, cocaine, heroin, prescription or synthetic drugs, you want to avoid or reduce any possible jail time that comes with these drug possession charges.

Possible defenses to these charges can include:

-Police unlawfully searched your home without the proper warrant, and found drugs: You are protected by the Fourth Amendment, which states that you have a right to lawful search and seizure procedures by police. If your rights were violated when police found the drugs, the drugs they found cannot be used against you in trial.

-The drugs did not belong to you: If you were pulled over or arrested while in someone else’s vehicle, where they kept drugs that belonged to them and not you, an attorney can help show that you should not be held accountable for someone else’s drugs.

-Someone falsely gave your name to police in order to protect themselves or someone else: If you are innocent, yet someone gave your name to police and now you are being accused, an attorney can protect your rights and show the truth.

-Drugs were planted but are not actually yours: Although this is difficult to prove, because a police officer’s words may be believed over anyone else’s in a courtroom, if you have been wrongfully accused because someone planted drugs to make it appear that you are guilty, an attorney can help protect your freedom.

-The drugs appear to be one thing, but are actually another type of drug: A crime lab analysis can help show exactly what type of drug was in possession, so that you are not charged for possession of a different type of drug.

If your charges also include intent to sell, or whether you were charged with drug possession for personal use, an attorney can help defend your specific case based on the details of the charges. Don’t let drug charges potentially ruin your future or the opportunities that lie ahead in your life. Having an attorney by your side not only helps you handle the case, but sets you up for the best possible outcome from these sometimes hefty charges.

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