The Best Defense Strategies Against Drug Possession Charges
In a state where drugs are illegal, possession charges can be severe. So, if you’re just chilling out on your outdoor sofa while singing with the spanish moon little feat lyrics, and all of a sudden, some police officers show up and accuse you of possession, what do you do?
Who doesn’t want to avoid the potential consequences of a conviction for possession? If you’ve been arrested for drug possession, it’s important to understand the potential penalties and your options for defending yourself. Here are four common strategies that a criminal defense attorney might use in a drug possession case.
Challenge the Search
One of the most effective defense strategies is to challenge the legality of the search that led to the discovery of drugs. In some cases, officers may not have had a valid reason for searching someone or their property. Your rights are protected under the Fourth Amendment of the U.S. Constitution, which states that people have a right to be free from unreasonable searches and seizures.
For example, if police officers found drugs on you while they were conducting a search without your consent or a valid warrant, then this could be grounds for getting the case dismissed. The same applies if the search occurred when you were stopped for a traffic violation or other minor offense.
Dispute Intent
In many drug possession cases, prosecutors must prove beyond a reasonable doubt that the accused intended to possess and use the drugs. Depending on the facts of the case, your defense attorney might argue that you did not intend to possess drugs or use them for any purpose other than as a gift or incidental manner. For example, if you were arrested but claim that a friend left their stash behind when they visited, your attorney can argue that you were unaware of the drugs or had any intention to possess them.
Get the Medical Necessity Defense
In certain circumstances, a medical necessity defense can be used to avoid criminal charges for drug possession. This strategy is typically used when a person has been prescribed drugs by their doctor and is accused of possessing more than the allowed amount. A successful medical necessity defense may require testimony from your doctor that you need more powerful or higher dosages of the drug than what is normally prescribed.
Even if you don’t have a prescription, your defense attorney might still argue that the drugs were medically necessary. No matter which defense strategy you choose to pursue, it’s important to consult with an experienced criminal defense attorney. A good lawyer can help you navigate the complex laws and procedures that govern drug possession cases and craft a strong defense. Together, you’ll have a better chance of avoiding the potential consequences of a conviction for drug possession.…
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