PLEASE NOTE: our office remains open and available to serve you during the COVID-19 crisis. We are offering our clients the ability to meet with us in person or via telephone. Please call our office to discuss your options.

4 possible defenses to your drug possession charges

On Behalf of | Oct 29, 2021 | Drug Crimes

If you are facing drug possession charges, the prosecution has to prove beyond reasonable doubt that you were indeed in possession of the said drugs for a successful conviction. Given that drug charges are pretty serious, you must mount a solid defense against them.

Below are some possible strategies that you may employ.

Constitutional defenses

You are protected from unlawful search and seizures by the Fourth Amendment of the Constitution of the United States. You could file a motion to have it suppressed if law enforcement violated your rights when seizing that evidence. Do not assume that the police had the right to search you or your property. Searches have to be backed by probable cause.

In addition, the Fifth Amendment protects you from self-incrimination. If the police failed to advise you of your legal rights and you made statements against your interests, then prosecutors cannot use such information against you in court.

Other possible defenses

There are other defenses you may opt to employ in your case, including:

  • The drugs do not belong to you
  • Citing chain of custody errors that may have tainted the evidence
  • Police officer misconduct such as planting the evidence on you or entrapment
  • Requesting proof that the substance you were allegedly arrested for possessing was indeed a drug

It is crucial to safeguard your rights from start to finish in your case. As such, you should learn more about what the law says regarding the charges you are facing. Depending on the circumstances of your case, the prosecution may extend a plea deal. Still, it is advisable not to rush into signing it before exploring the options at your disposal. It is all in your best interests that you proceed carefully and make informed decisions along the way.