Being arrested for a drug possession crime and being charged with serious offenses can be a terrifying situation to be in. Even if you have been arrested for the same crime, it can be difficult and stressful to determine how to prove your innocence. A drug-related conviction can result in jail time and other serious consequences.
Facing drug charges can be pretty complex to handle on your own. While you may want to fight the charges alone to save money, a great drug possession lawyer can help you protect your rights and expand your options. You can use various defenses to protect yourself, but discussing them with your attorney will help you understand them better.
Most-used defenses against drug possession charges
Unlawful search and seizure.
Among all the defenses used in drug possession cases, unlawful search and seizure are the most commonly used. Federal and state officers who search your house, office, or any other type of property for drugs must possess a warrant or probable cause of search. If the two do not apply to your case, any evidence found by the officers can be dismissed unless the drugs were found in plain sight.
The drugs were not yours.
If you hire a drug possession defense attorney, they can help you establish that you had no idea the drugs were in your property or possession and that you do not know who they belong to. While it is not a strong defense, it is still a possibility and can be legally used to defend the charges. However, using this defense without an attorney or the right evidence can be destructive. Always speak to a legal expert before finalizing.
Another common defense to drug possession charges is entrapment. The law has allowed officers to undergo sting or undercover operations to obtain information. However, certain officers may induce the individual to commit a crime. Since the line between inducing someone to do something and the individual doing something on their own is very thin, it is vital to hire an attorney to prove your innocence.
Someone else’s drugs.
There are various instances where a person is at the wrong place at the wrong time. Anyone could be in someone else’s car or home where there are drugs present, and they may have no prior knowledge of the drugs. However, there are ways to prove that the drugs were not yours.