Drug possession often seems like a straightforward charge. You were found with drugs, and you got arrested. While the police will try to convince you that there’s little you can do, the truth is, being arrested for drug possession is more complicated.
Whether you’re charged with possessing illegal drugs, either for personal use or with the intent to sell, the following defense strategies may prove to be useful to you.
Unlawful search and seizure
The Fourth Amendment protects you against unwarranted searches and seizures before being arrested. Sadly, this happens in more cases than you may think. Most drug charges involve some form of search and seizure. However, if your Fourth Amendment rights were breached during the search, any evidence collected might not be admissible in court.
The police can set you up, lie to you when building a case, pretend to be people they’re not and make promises they won’t keep. However, this doesn’t mean they’re always guilty of entrapment. You can use entrapment as a defense if a law enforcement officer grooms you into committing a crime that you would not have committed. For instance, if an officer or informant insists that you deliver drugs to another party or hold onto them, their actions may be considered entrapment.
Drugs belonged to someone else
If you were arrested for possession while the drugs were near you and not on you, you could claim that the drugs weren’t yours. You could also use this defense strategy if a group of people were involved, but you’re the only one who got arrested.
Drug possession is a serious charge, and a conviction can lead to hefty fines and jail time. However, it’s always important to keep your feelings in check and seek legal guidance to determine the most suitable defense for your charges.