Drug possession is the most common type of drug crime but carries serious
penalties depending on the type and amount of drugs a person is accused
of possessing. Even possessing a large enough amount of illicit substances
can result in a charge of possession with intent to distribute.
You are not automatically guilty of a drug possession charge just because
you were arrested. With a fierce and knowledgeable attorney beside you,
the charges you face can be beaten. A number of different defenses can
be mounted on your behalf.
A commonly used defense to a drug charge is to contend that the search
performed by law enforcement was unlawful and violated your right to privacy.
If the evidence can be found to have been obtained through an illegal
search, such as if police failing to acquire a warrant for their search,
the evidence can be barred from submission to your trial.
Another common defense is arguing that the drugs found were not yours but
belonged to another. This defense will require proving you were not aware
of the drug’s existence, since the rules of constructive possession
mean drugs do not need to be found on your person but somewhere nearby
which you had easy access to.
Sometimes evidence can become misplaced during the course of a trial since
it can pass between several people in the process. If the prosecution
cannot produce the drugs in question, it can damage their case against
you, even to the point of having your charges dropped.
In the case you were forced or somehow coerced into holding onto some illicit
substance, this too can serve as a defense to possession charges.
Explaining your case to your attorney will give you the best chance at
avoiding a conviction. Call on the
Law Offices of Damone & Schroeder to begin your defense today!