March 16, 2020

The right drug possession defense is critical

If you’re charged with possession of drugs, it’s a must to understand the seriousness of the crime and the steps you can take to minimize its impact on your life. This starts with devising a drug possession defense strategy that positions you to avoid a conviction.

The strategy you employ is heavily dependent on the circumstances of your case, but there are several common places to start. Here’s what you should consider: 

  • Unlawful search and seizure: In many drug possession cases, the Fourth Amendment of the U.S. Constitution comes into play. If you have any evidence to back up your claim that you were a victim of unlawful search and seizure, you can use it to your advantage in court. Depending on what you present, this may be all you need for your case to be thrown out.
  • You’re not the owner of the drugs: This is a simple argument stating that the drugs belong to someone else, not you. It’s easier to make this argument when others are involved in your arrest. For example, if you’re driving in a vehicle owned by someone else, you may not realize that you’re in the presence of illegal drugs.
  • Entrapment: There’s a lot of gray area regarding entrapment, but it’s a drug possession defense strategy to strongly consider if the circumstances of your arrest add up. Law enforcement officers have the legal right to set up stings with the idea of arresting those who are violating the law. However, they are not permitted to pressure someone into committing a crime. This is entrapment, and if it has anything to do with your case it should be a big part of your defense plan.

Even if you feel that you did nothing wrong, it never makes sense to hope for the best in a drug possession case. If you don’t vigorously defend yourself, it could result in a conviction and a variety of penalties, including prison time among less serious consequences.

Once you compare the details of each drug possession defense strategy, you can make an informed decision as to which one is best based on the details of your case.

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