Those pleading non-guilty on drug possession charges should consult a criminal defense lawyer. There are different laws in different states in terms of approaching the illicit drugs cases. Sentencing guidelines for these drug cases are usually the toughest with the country’s federal government. Similarly, the defenses for drugs possession are more or less universal across the state lines. These are aimed at challenging stated facts, evidence, testimony and some of these other defenses challenges drug ownership charges based on affirmative defense. It could be regarding the rights for medical marijuana use. Listed below are defenses for drug possession charges:
Illegal searching and seizure
U.S. constitution’s fourth amendment assures the right for due procedure of law. Prior to any arrest, it includes lawful searching and seizure process. The issues related to searching and seizures are popular with drug possession matters. However, in case illegal drugs come out during any legal traffic check from any car’s dashboard, it could be sized to use as evidence. Similarly, prying the car trunk open by using a crowbar without the suspect’s permission is not counted as evidence. When the number four amendment right of the defendant is violated, the drugs are unusable at the trial and charges are completely dismissed.
Drugs belonging to another person
A well known defense strategy is claiming that the drug belongs to someone other person and the accused wasn’t aware of its presence in his apartment, for instance. Any skilled and professional criminal defense lawyer could pressurize prosecutors for proving that whether this joint caught within the car really belongs to the client and not other available passengers.
Cocaine like appearance or LSD lookalike doesn’t confirm the possession of drugs necessarily. The prosecution should prove that such a seized product is the rightly claimed illicit drug. Thus, there is a need for sending this evidence to the crime laboratory for thorough analysis. The analyst should testify this at trial to let the prosecution turn it into a case.
An expert criminal defense lawyer will be successful in ensuring the prosecutors present the real drugs which the client is being legally charged for. Similarly to the requirement of lab analysis, the prosecutors that lose or may be lack the real drugs run the risk of having the case dismissed.
Drugs might be planted
The sworn testimony of a police officer carries tremendous importance in courtroom. So it might be quite challenging to prove this claim. Other cops might be reluctant in blowing the whistle for one of their mates. However, the criminal defense lawyer may file any motion that provided it has judge’s approval, the department should release complaint file of accused officer. It has the information on name and contacts of those that have made this complaint.
Entrapment takes place whenever the suspect is induced to commit any particular crime which he or she may not commit under normal circumstances. Law enforcement officers can arrange a sting operation.
Exception of Medical Marijuana
Medicinal uses of marijuana are only a defense tactic where it has been already legalized. However, the states permitting them need a physician’s duly signed recommendation.
Image credit: Vladimir Georgievsky