Any kind of drug charge can be consequential. You could be facing time in jail or a heavy fine, and that’s not all. A criminal record following a conviction can haunt you for the rest of your life, blocking you from education or job opportunities.
If you have been accused of drug possession, you need to take your charges seriously. Below are possible defenses to your possession charges.
Was the evidence against you obtained lawfully?
If the police searched you or your vehicle and got the drugs, it must have been a legally sanctioned search. Under the Fourth Amendment, you are protected from random searches by the police unless they have valid legal reasons.
If the police broke the law in acquiring the evidence presented in court, you could file a motion to have it suppressed and excluded from your trial.
Were there mistakes in how the police handled your evidence?
Sometimes, the police may fail to document evidence acquired from a search. They could also fail to properly secure a crime scene leading to contamination by third parties. In such cases, you can dispute the reliability and integrity of such evidence.
There is a procedure the police are supposed to follow when handling evidence known as a chain of custody. Should there be errors in how your evidence was handled, it may not be admissible in court.
Did the police use undue tactics to arrest you?
Sometimes, the police may employ underhand tactics to make an arrest. For instance, if an undercover police officer used undue influence or pressured you into breaking the law, it may amount to entrapment.
It is a form of police misconduct, and you may use that to defend yourself. After all, you would not have broken the law were it not for the over-exerting actions by the police.
The best defense depends on the facts of your case
Every aspect of your case matters, right from when you were arrested. Therefore, it is advisable to get in touch with an experienced criminal defense attorney well versed with the law to help you decide on the best way forward.
