On behalf of Michael A. Gottlieb, P.A. posted in drug possession on Friday, March 24, 2017.
If you’re stopped for having drugs in your possession, you face drug possession charges that could result in heavy fines and time in prison. Depending on your past criminal record, you could be facing many years or decades in prison simply for having drugs in your possession.
Your attorney doesn’t want to see you face these unfair and harsh penalties. He or she can help you by discussing different types of defensive options with you. For example, the drugs found in your vehicle could be assumed to be yours, but is there proof that they are? Could they be drugs someone else left behind or that someone stashed in your vehicle to set you up?
Another thing your attorney knows to look for is a case of entrapment. This is when law enforcement officers induce you to commit a crime even when you may not have otherwise. For example, if you are pressured with force to carry drugs to another party, that’s entrapment. You had no choice. In general, if the state provides the drugs used in your possession case, then entrapment is likely.
Of course, there are also exceptions to the rule for carrying marijuana if you carry a medical marijuana card. This is only a good defense in states where marijuana is legal, but even if you’re not in a state where it’s legal, showing that carrying it was an oversight and not an intentional violation of the law helps your case. Your attorney can help you present your case in a positive light, so you can show that you only had what you needed.
Source: FindLaw, “Drug Possession Defenses,” accessed March 24, 2017