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Defenses against Drug Possession

The crime of drug possession implies that you retain one or more prohibited drugs for the purpose of distribution, selling, or personal use. Having certain illegal drugs at your disposal can violate state and federal laws. The consequences of the crime depend upon the drug type, the quantity, the jurisdiction, your criminal record, and the circumstances of the arrest. No matter what the situation, criminal defense attorneys understand what defenses are applicable to a particular drug possession case. Certain illicit drugs such as Marijuana are permitted in several states under special circumstances in specified amounts.

Below are a few true and tried criminal defenses against allegations of illegal drug possession:

Illegal Search

The Fourth Amendment of the U.S Constitution prohibits unlawful searches and seizures. The police own no right to raid private property without a valid warrant or solid proof against the alleged offender. If the police attempt to comb your property without authorization, warning, or consent, any incriminating evidence collected in the process shall be rendered void. On the contrary, if the illegal drug is found in plain sight, the police are entitled to confiscate it and utilize it during prosecution. Tulsa Motor Accident Attorney mentions one example where drugs were recovered from the car’s trunk during a DUI investigation; as the search was carried out with probable cause, it cannot be deliberated as illegal.

Misconception

The discovery of drugs within your premises can be an unlucky coincidence or a mere misunderstanding. The substance the officer believes is cocaine or some other forbidden drug is actually something entirely harmless and legal. For example, a packet of icing sugar or rice flour may appear suspicious at first sight. You can demand lab analysis of the samples to disclose their true identity.

If the drugs are located at a place and time where multiple suspects are present, pinpointing the real criminal would not be easy. For example, if the drugs are retrieved from at a house party amidst hundreds of guests, the host might be seen as the primary suspect but the assumption could be very wrong. Similarly, if the drugs were hidden in a car used by more than one person, the owner alone cannot be held liable.

Framing or Entrapment

The idea of being framed for a drug crime is not fantastical, but it can be nearly impossible to prove. You will have to deliver a genuine and compelling story to convince the judge or jury. It also helps if you can name someone particular who is out there to get you. Tangible evidence and testimonies against the supposed schemer shall definitely grant some dignity to your claims.

Occasionally, corrupt police officers pin their own heinous crimes on innocent people. They may force an individual of lesser power or position to do their dirty work for them. Some people do not question the orders of an authoritative figure, while others are threatened or not given a choice. If you came into drug possession unwillingly under pressure, you are a victim of entrapment.

Filing a complaint against someone in law enforcement and uncovering their unlawful activities can be hard if several people in the system are ready to defend their reputation.

Medical Approval

Many consumer products and medicines containing a mediocre percentage of marijuana are also deemed illegal in many states. However, you can get the charges dropped if you produce a valid doctor’s prescription. The legal authorities will ensure that a certified medical professional recommended the drug and that it is truly favorable for your health condition.

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