From possession and selling to trafficking, learning that you are being charged with a drug crime can be incredibly stressful and overwhelming. However, you’re not alone.
While it may feel impossible to fight the crimes you’re charged with, know that you do have many defense strategies available to you.
Legal Defenses for a Drug Charge
Unlawful Search and Seizure
The Fourth Amendment to the United States Constitution protects all citizens against unwarranted searches and seizures. If, for example, a police officer stops you for speeding and there are drugs sitting on the passenger seat in plain view, those drugs can be used as evidence. However, if they are in the trunk or glove compartment, that could be an unlawful search and seizure. If your Fourth Amendment rights were violated, the charges might be dropped.
You Were Not in Possession
Possession plays a major role in drug cases. Police do not necessarily have to find drugs on your body or directly in your possession in order to charge you with possession. For example, if police enter a home and find drugs on the table, every person in that room could be charged with possession. A good defense attorney will try to prove that you did not have control of or access to the drugs.
While it’s legal for law enforcement to go undercover or set up a sting operation, entrapment occurs when officers or informants induce a suspect to commit a crime he or she otherwise would not have committed.
Proving Beyond a Reasonable Doubt
In order to be convicted, prosecutors must prove beyond a reasonable doubt that you were in possession of the controlled substance in question. A tenacious criminal defense attorney can make this difficult for the prosecution by crafting a strong defense.
If you were charged with drug possession or possession with intent to distribute, it’s important to act fast. The drug defense attorneys at The Meranda Law Firm LTD have more than 15 years of experience and can help you seek an expedient resolution, as well as ensure that you are well-advised of your legal rights.