3 Defenses For Those Facing Drug Charges

Being charged with drug possession can be scary. You could be facing some pretty hefty penalties and fines if you are convicted. With the help of an attorney, you can determine which defense is going to work the best for your specific case and what can be done to get you out of the charges and on with your life. Consider using one of the following defenses to help fight your drug possession charge. 

The search was unlawful.

You are entitled to due process, including an unlawful search before your being arrested. This tends to be one of the most common defenses used when facing drug possession charges. Drugs that are found in plain sight, such as on the dash of your car when stopped for speeding, can be used against you as evidence of possession. However, if the officer finds the drugs inside of your trunk after they pried it open and you didn't give them permission to do so, aren't allowed to be used against you as evidence. Anytime your rights are violated, the drugs cannot be used in trial and you can get the charges thrown out.

The drugs are gone.

Trained attorneys will make the prosecutor produce the drugs at trial. If the prosecutor isn't able to do so, there is no evidence to substantiate their claims that you actually had drugs on you. Drugs that are seized tend to get thrown from one place to the next before they ever make it into evidence. There is a good chance that they could get lost along the way and your case could be thrown out.

Someone planted the drugs on you.

While this isn't always the easiest one to prove, it has proven useful in the past. The officer's testimony will go a long way in court. However, many officers aren't willing to testify against their fellow officers. Your attorney will be able to get the complaint file released to them to see what really went on during the arrest. Since it outlines the individual that filed the complaint, your attorney can easily interview the individual in question.

By using one of the three defenses above, you could very well walk away from the charges and not have to worry about being prosecuted at all. Spend some time going over everything with an attorney (such as one from Kassel & Kassel A Group of Independent Law Offices) to help you determine what defense is the best for your specific situation.


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