Drug Possession Defenses - 9/28/2016

Defenses

It is shockingly easy to be arrested for drug possession even though you are truly innocent of the charge. But there are legitimate drug possession defenses to which you are entitled. You have rights as someone accused of a crime.

But the Stuff Wasn’t Even Mine!

This is sometimes due to the fact that the drugs don’t have to be in your physical possession for you to be charged. If they are in a common area, everyone in that area with access could realistically face charges for the drugs. It’s your defense attorney’s job to ensure the court hears your side of the story.

It is fairly common for the police to arrest everyone in sight if they believe a significant crime has occurred, and let it get sorted out later.

That’s why you need an attorney as your advocate within the system. He or she is the only person who is 100% dedicated to fighting on your behalf alone. It is your attorney’s job to protect you from unfair charges and accusations, to challenge the state to prove their case against you beyond any reasonable doubt, and fight to clear your name.

The Cops Didn’t Have a Right to Search Me!

There are protections in place to ensure your constitutional rights are protected throughout the criminal process. If it’s believed your arrest or your search was conducted in violation of these rights, your attorney can challenge them and any evidence seized as a result of the illegal search or improper arrest. Sometimes this results in the charges being dropped altogether.

  • You have the right to due process.
  • You have the right to remain silent and avoid self incrimination.
  • You have many Constitutional rights to insure against unfair police searches, harassment, and intimidation.

The Drugs Aren’t Illegal!

The police have been known to arrest people on suspicions of a controlled substance that they can’t identify.

If they suspect that a substance in your possession is an illegal drug, they still need to have that verified by a lab. That substance must be specifically listed an an illegal controlled substance under state or federal law.

Police will also arrest you for possession of prescription drugs, even if the drugs are yours, and are legitimately prescribed by a doctor.

The fact is, drug cases are some of the most scientifically and legally technical criminal charges to defend in court.

Call for a Consultation on Drug Possession Defenses

Every case is different, and there are always legitimate avenues of legal defense to explore, no matter what the situation.

If you have been unfairly charged with a crime, and feel like the police and everyone are against you, we understand how you feel. It absolutely happens all the time.

But the way you approach your case matters. Calling the cops liars in court probably won’t help you. Even if it is true, it doesn’t play well.  But what a lawyer can do is explain how the cops can easily be mistaken.

There are so many different ways a drug possession case can be analyzed and defended, you need an experienced attorney to help you sort it out. A full analysis of your case by an experienced attorney will help determine the best course of action to take in your exact situation.

But don’t plead guilty to anything without getting a full case evaluation! If you or someone you know is looking for representation, contact our office. We will be happy to schedule a confidential consultation to discuss what your options are.

Source: http://www.drugpossessionlaws.com/defenses/