Should you be charged with possessing a controlled substance, being arrested does not equate to being convicted.
In most states, such offenses are regarded as being highly serious.
Yet, numerous defense tactics exist that could be employed to counter the charges you face, contingent upon the details of your case.
Certain defenses might dispute the facts or evidence presented, while others could hinge on procedural missteps or breaches of Constitutional rights.
Below are several prevalent defenses that a seasoned criminal defense lawyer might utilize in a case involving drug possession:
Unlawful Search
In the United States, the law permits the search of an individual’s property or body only under specific circumstances.
This legal stipulation serves as a highly effective defense mechanism in drug litigation.
For instance, law enforcement officials have the authority to collect evidence that is visibly present and present it in court.
In matters involving drug offenses, this often pertains to drugs visible to a police officer on a vehicle’s dashboard.
Nonetheless, should a police officer access the trunk of a vehicle without authorization and under conditions that fail to meet established legal criteria, the discovery of drugs can be legally disputed on the grounds of an unlawful search and seizure.
This dispute can lead to excluding such evidence from consideration in the trial.
Entrapment Defense
With the FBI and DEA intensifying their crackdown on drug-related offenses, the deployment of sting operations by federal law enforcement has become more frequent.
In such operations, either an undercover agent or a collaborator associated with federal law enforcement might attempt to lure the accused into engaging in a narcotic offense that they would ordinarily not consider committing.
Should you find yourself implicated in a drug offense due to the provocation of a federal agent or their collaborator, claiming entrapment could potentially serve as a viable legal defense.
To know more on what is the DEA, its responsibilities, and more, do extensive research to amplify your knowledge on the subject.
The Drugs are Not Yours
Asserting that the narcotics found were not in your possession or that another individual owns them is essentially a declaration of your innocence in the matter.
This situation might arise if you were operating a vehicle owned by someone else and law enforcement discovers illicit substances within the premises.
Similarly, if you are stopped by the police along with others and are accused of possessing drugs, despite not physically holding them, this defense could be applicable.
Questioning the Chain of Custody
Evidence can only be used against you in court if properly documented and preserved through an established chain of custody.
One effective defense approach in federal drug cases involves challenging the authenticity of the drugs submitted as evidence, questioning whether they are indeed the same substances initially confiscated from your person, residence, or vehicle.
By scrutinizing the chain of custody, your lawyer might demonstrate that the drugs were mishandled by law enforcement or prosecution, rendering them invalid as courtroom evidence.
Examination in a Forensic Laboratory
The evidence presented by the prosecution may not always be authentic.
The mere resemblance of a substance to LSD or cocaine does not confirm its identity.
The burden falls on the prosecution to validate the chemical nature of such substances through comprehensive analysis at a forensic laboratory.
Should discrepancies arise, the defense can strategically employ these to strengthen their case.
Endnote
Confronting drug charges can be a distressing and formidable experience.
However, by acquainting yourself with your legal rights and choices, you can forge a potent defense strategy with a skilled criminal defense attorney.
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