Your future could drastically change if you are convicted of illegal drug possession. A criminal charge like that could potentially impact your employment, housing and education options. One of the ways you can protect your future is by building an effective defense against drug possession charges.
So, what kind of defenses do you have? Each situation is fact-specific, but you may find that your defense will involve one of these strategies:
Unlawfully obtained evidence
Under the Fourth Amendment, the police can conduct lawful searches and seizures of evidence if they have probable cause and either a valid warrant, were given permission, there are exigent circumstances or the evidence is in plain. Limited searches are also permitted incident to a lawful arrest. If the police performed an illegal search and seizure, that would be a violation of your civil rights. As a result, evidence collected against you could be dismissed under the “fruit of the poisonous tree” doctrine.
Lack of knowledge
The prosecution, typically, must have evidence that a defendant knowingly possessed the illegal drugs. However, you may be able to demonstrate that you were unaware that the drugs were in your possession. This could happen if, for example, you shared common spaces with someone else or if drugs were unknowingly hidden in your bag or vehicle by someone else.
Drug testing errors
There are no drug charges without illegal drugs — so evidence seized in a case has to be tested. However, there could be an error when testing a substance. This could happen if evidence was mishandled, the test results were inconclusive or if testing procedures were incorrectly followed. Challenging the lab results could weaken the case against you.
Professional legal guidance can help you explore your defense options against drug possession charges — and protect your future.