I have always been someone who loves to stay on the right side of justice, which is probably why I shied away from hanging out with the wrong crowd all growing up. Unfortunately, I found myself with someone when they committed a criminal act a few years ago, and it really hurt my case. It was amazing to see just how damaging those initial charges were to my self-confidence, and I knew that I had to do something to make things right. I began focusing on working with the right lawyer to clear my name, and within a few days, things were looking up. Check out this website to learn more about criminal attorneys.
Drug Possession Defenses: How To Beat The Charges
Drug possession offenses can carry serious penalties, so you need a strong defense to avoid a conviction. Fortunately, if you've been charged with drug possession, there are several defenses you can use to fight your case. Here are some of the most useful defenses to a drug possession charge.
Lack of Knowledge
Many people are unaware that a lack of knowledge can actually help in a drug possession case. If you are unaware that the substance in your car or home was drugs, you cannot be charged with possession. That's because possession requires intent, and if there was no intent, then there was no crime. In some cases, this defense strategy can result in a reduced sentence or even a dismissal of the charges.
However, lack of knowledge can be a difficult defense to prove. The prosecution may argue that you should have known the substance was drugs, especially if it was in an unmarked container or if you have a history of drug use. An experienced defense attorney will know how to counter these arguments and present evidence that supports your lack of knowledge defense.
Unlawful Search and Seizure
In a drug possession case, a licensed criminal defense lawyer may raise the issue of an unlawful search and seizure. This argument would hold up in court if the police searched your home or car without a warrant or probable cause.
If the court finds that an illegal search and seizure did occur, then any evidence obtained from that search will be declared inadmissible. This strategy can be a powerful defense tool, as it may result in the dismissal of the charges.
However, there are some exceptions to this rule. For instance, if the police have probable cause to believe that a crime has been committed, they could search your property without a warrant.
In addition, if you give the police permission to search your property, they may not need a warrant. Finally, if the police find evidence of a crime during a routine search within the scope of their job (such as during a traffic stop), they can use that evidence in court.
Since there are several exceptions to the rule, consult a qualified defense attorney who can determine whether or not an unlawful search and seizure occurred in your case. Your attorney can confirm if the police had a warrant or probable cause. And if they didn't, they can file a motion to suppress the evidence.
For more information, contact a law firm like Epstein & Robbins.