Drug Possession 101: Your Options For Defense

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Drug Possession 101: Your Options For Defense

14 January 2021
 Categories: Law, Blog

If you have been arrested for drug possession, the best thing you can do is to retain a defense lawyer that works in drug possession law. When you work with a lawyer who has worked in this area, it will be easier and more effective for you to fight the charges. If you're wondering how you might be able to defend yourself against a drug possession charge, here's a look at what you need to know.

The Drugs Weren't Actually In Your Possession

One of the best defenses against drug possession is to show that the drugs were, in fact, not in your possession. You might think that, because the police found the drugs, you can't claim this type of defense. This isn't true. Understanding what constitutes possession can help you to understand how you can defend against the charges.

In order to prove possession, law enforcement must be able to show that you were the only one who could have had access to the drugs where they were found and there is no doubt that they belonged to you. This means that, if the drugs were found in a car, and there were several people in the car, you may be able to defend against the charge. Having multiple people in the vehicle is enough to cast doubt on the possession charge. This is even more likely if the car belonged to someone else.

The same applies if the drugs were found in a home you live in where other people live too. If there are other adults in the house, you may be able to claim that you were not the one in possession of the drugs.

You Didn't Know The Drugs Were There

Another option for defending yourself against these charges is by showing that you had no idea that the drugs were even there. You can't be considered as in possession of those drugs if you didn't know they were there. This is a common defense option if the drugs were found in a package or backpack that you were given by someone. If you weren't told that the drugs were present, and you can show that they were given to you by someone else, this may be enough to get the charges dropped.

The Drugs Were Discovered Illegally

One of the things that many people don't realize is that there are restrictions that police officers are bound by. Searches must be conducted legally, and if the drugs were discovered as the result of a search that wasn't conducted legally, you might be able to get the charges dismissed. It's the same premise as information that's uncovered through a wiretap that law enforcement didn't have the authorization for. In those cases, the information was illegally obtained and is inadmissible. If the police didn't have the legal right to search your home or vehicle, and the drugs were found as part of that illegal search, your defense attorney might be able to have the evidence thrown out in court.

Talk with a drug possession lawyer right away for more help and to build a reasonable defense. They can provide more information regarding drug possession law.