Being charged with drug possession is a scary prospect, but the right defense strategy can help you avoid serious punishment. Defense attorneys try to pressure the prosecution by putting the onus on them to prove all allegations beyond a reasonable doubt.
The defense may argue that the due process of law was not followed prior to the arrest. This applies if the search and seizure of drugs was unlawful. Officers have the right to search and seize drugs found in plain sight. Drugs recovered from concealed locations without the consent of the owner are not allowed into evidence. If the defense attorney successfully establishes the lack of due process of law, the case usually gets dismissed. Skilled defense attorneys pressure prosecutors to prove that the drugs found in their client’s possession belonged to them. They can argue that their client had no prior knowledge of the drugs found in their possession.
Some defense attorneys question the handling of drugs found in their client’s possession. The chain of custody is usually scrutinized, as well as the crime lab. The prosecution must prove beyond all doubt that the substance obtained from the custody of the defendant is indeed an illegal substance. In some cases, drugs may go missing because they are transferred to several locations before ending up at the evidence locker. Cases where drugs have gone missing are dismissed by the judge. An alternative strategy is turning the case towards another suspect who might have planted the drugs. This turns attention away from their client and makes it easier to get the case dismissed. In states where marijuana has been legalized, its possession may be explained by showing convincing evidence of medical necessity.
If you have been charged with drug possession, contact an attorney as soon as possible. The attorney will review your case and may be able to form a strong defense strategy for you.