4 Common Defenses Against Drug Possession Charges

Drug crime charges often attract severe penalties, whether a misdemeanor or a felony. You can get frustrated quickly because of the complexity and severity of the charges. However, if you consult a drug crime lawyer, you increase your chances of success in court. Drug crime attorneys can help you strengthen your defense case by using any of these arguments:

1. Unproven Evidence

The main agenda of your defense case is to introduce doubt in the prosecutor's case. If the drug crime lawyer can prove that the evidence presented in court isn't factual, you might have a chance of overturning the case. 

Inform the lawyer of any misconduct during your arrest. Such incidences include if the police falsified evidence against you or if the authorities pushed you into committing the crime. 

2. Legal or Medical Use of the Drug

If you have a valid prescription of medicine drugs, you earn the right to possess the drug. However, you should have documentation from a healthcare professional that allows you to carry drugs. Your lawyer can only use this defense if you have a valid prescription. 

Some states such as Massachusetts, Colorado, and Alaska have legalized the use of recreational marijuana. However, since marijuana is still illegal at the federal level, this defense might not create a solid and foolproof case.

3. Mistaken Identity

Another common defense is burdening the prosecution to prove the drugs were yours. People often go for this defense when the police find the drugs in a shared apartment or vehicle. It becomes challenging to point out who possesses the drugs because several people are involved. The prosecution will have to prove that you own the drugs without a doubt. 

4. Illegal Seizure of the Drugs

Often, you'll find that the police can violate your rights when searching for drugs. Some violations include illegal traffic stops, unlawful searches, or denying the accused the right to talk to an attorney. This misstep gives you the perfect defense. By highlighting the events of retrieving the drugs in the court, you can build a case to dismiss or eliminate the possession charges. When you use this defense, be keen on how you collect and gather evidence. 

Discussing these options with a drug crime attorney gives you an excellent start to the case defense. Ensure you submit the documentation and information about the case to help the attorney build a strong case that may reduce the sentence or eliminate the case.


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