Being charged with possession of drugs can feel like a nightmare. You will probably be worried about how to fight the charges. This happens whether you were charged with intent to sell or personal use. Also, you might feel like there is no way out of this bad situation. Luckily, this is not necessarily the case. You do not need to panic if you have been charged with possession of drugs. There are many defenses to possession charges. You can challenge evidence, testimony, or facts in a case by building a strong defense. If you have been charged with possession of drugs, consider these defenses before you panic about your case.
In the Presence of Drugs
One common defense to drug possession charges is to claim that the drugs belong to someone else. If you are in the presence of drugs when caught by the cops, you can claim that the drugs were not yours. It will be the prosecutor’s job to prove that whatever drugs were found actually belong to you and not someone else. A skilled attorney can help you with a defense such as this one. They can ask the right questions, put pressure on the prosecutor and prove that you were unaware of the presence of drugs or that you were not in possession of the drugs.
Unlawful Search and Seizure
Another effective defense is to claim unlawful search and seizure. Under the Fourth Amendment to the Constitution, you have the right to due process of law. This means that lawful search and seizure procedures should always be followed. If you do not give permission to a police officer to search your home or car, and the officer does not have a warrant, drugs that were not found in plain view cannot be used against you. For example, if you are stopped for speeding on the highway, and you have drugs on your dashboard, they can be confiscated and used as evidence against you. However, if you were stopped by a police officer that searched your trunk without permission, any evidence found in the trunk will be inadmissible in court under the Fourth Amendment. If this sounds familiar, you could build a defense based on unlawful search and seizure.
You can also create a defense based around the actual evidence that is being used against you. The drugs found on you should be tested in a crime lab. The prosecution has to determine the chemical makeup of the drugs that were seized. They must do this in order to prove that they really are illegal drugs. Just because something looks like cocaine or marijuana doesn’t mean that it is. If the actual evidence is not proven in an analysis to be an illegal drug, there is no case.
Similarly, if the actual drugs that you are being charged for are lost or cannot be admitted as evidence in court, the case will probably be dismissed. While this doesn’t happen too often, seized drugs are handled by many different people before making their way to an evidence locker. Sometimes, drugs are misplaced during these transfers, which could result in the dismissal of your case.
If you want to build a strong defense for your drug possession case, you need a criminal defense lawyer. A criminal defense lawyer will know the best possible defense to use given your individual situation and can back up this defense in court. For more information, contact us.