On behalf of Michael A. Gottlieb, P.A. posted in drug possession on Thursday, December 1, 2016.
If you’ve been accused of being in possession of drugs, there are a few different defenses that you have available to you, depending on the specifics of your case. For example, you may be able to claim that the police unlawfully searched your home or vehicle, which could make any evidence they recovered inadmissible in court.
Another thing your attorney may do is make sure that the prosecution actually has the drugs that were collected from you. If they are lost at any point during the adjudication of the case,your charge(s) could potentially be dismissed. The evidence must be available to be presented in court.
A potentially viable defense could be explaining that the drugs found in your possession weren’t actually yours. It’s not entirely uncommon for a person to plant drugs on someone else to keep themselves out of trouble in a traffic stop, nor is it unusual for someone to leave their medications or illicit drugs in a friend’s car or home. It works in your favor if there were other people with you at the time of the traffic stop or when the police came to your home, but that’s not necessarily required to use this kind of defense.
Entrapment can be another defense that works in your favor if you received the drugs from a police officer or from the state in another manner. During sting operations, entrapment is possible if the suspect is induced into committing a crime he or she would otherwise not have.
Each of these defense options can benefit you, but only in certain circumstances. Your attorney will have the best idea of which defense can support your case and help you try to reduce or eliminate the charges against you.
Source: FindLaw, “Drug Possession Defenses,” accessed Dec. 01, 2016