Ever since the United States began its war on drugs, state and federal governments have been vigilant in policing the nation to eradicate instances of drug possession, drug sales, drug manufacturing and other violations pertaining to controlled substances. However, just because you were accused of one of these crimes does not necessarily mean that you’ll be found guilty.
Here are a few useful defenses against a drug crimes charge:
They weren’t your drugs
Perhaps you were in the wrong place at the wrong time, or riding in the wrong car at the wrong time. If police found drugs within your vicinity, they might wrongly assume that the drugs were yours. A common defense involves showing that the drugs weren’t yours.
An unlawful search and seizure
By virtue of the Fourth Amendment, police cannot search your home, car or person without a justifiable reason for doing so. A justifiable reason might include seeing drugs in plain view on your car seat during a traffic stop, for example. Although they don’t always have to have a formal warrant to perform a search, in some cases, police might also require a warrant. If police unlawfully performed a search and seizure, the criminal charges resulting from the unlawful search could be thrown out.
Crime lab results
Sometimes results of crime lab analysis reveal that suspected drugs were not illegal substances at all.
Every drug crime case requires a unique approach for its defense. Make sure that any criminal defense you choose reflects the individual facts and circumstances surrounding your arrest.
Source: Findlaw, “Drug Possession Defenses,” accessed May 11, 2018