Drug charges are rarely as cut and dry as they seem. When you face drug charges, it is important to consider the possible defenses to avoid a conviction. There are a few different avenues for drug charge defense.
Talk with an attorney about your situation to find a defense that suits your case.
Were you aware that you had drugs in your possession?
A key element of a drug possession conviction is your willful possession of the drug in question. For example, if you borrowed a friend’s coat and police found the drugs in a pocket, being unaware of their presence can be a sound defense.
Did the police conduct a legal search?
The law requires police to have consent, just cause or a warrant before conducting a search. Drugs found in your possession after an illegal search may be inadmissible in court.
Is the substance illegal?
If the police found a narcotic in your possession, you can avoid a criminal conviction by proving legal possession. You need a doctor’s prescription and pharmacy records to prove lawful possession.
Was possession clear in the situation?
If you were in a car with several other passengers and the drug was in the vehicle, the additional passengers can cast doubt on possession. If it is not clear who had the drugs, that may cast reasonable doubt.
In many drug cases, illegal searches and reasonable doubt are your best defenses. It is important to reach out to an attorney for support to protect your legal rights.