Whether it is a search following a traffic stop or a search initiated after a search warrant is issued, when a person is found to be in possession of a controlled substance, this could result in serious drug charges ensuing. This situation is very serious, as being convicted of drug possession could result in harsh penalties. Because of this, exploring defense options is the best step to take.
Whether it is presumed to be for personal use or with the intent to sell, defense options are available. And depending on the type of drugs involved, the quantity in question and whether the accused has a criminal background, a defendant may have a variety of defense actions available to them.
The first and most common defense used against a drug crime is unlawful search and seizure. Because the Fourth Amendment guarantees the protection against any unlawful search and seizure prior to an arrest, the accused could use this to suppress evidence and even dismiss charges. The next defense option one might have is asserting that the drugs belong to someone else. If the accused had no knowledge of the drugs because someone else was in control of them, bringing them into your vehicle or residence without your knowledge.
Another defense option is having a crime lab analysis determine that the presumed drugs are in fact not drugs. Similar to this defense is asserting that the drugs are missing. This means that the prosecution must be able to produce the actual drugs that the defendant is being charged with. A defendant could also assert that the drugs were planted or they were subjected to entrapment.
No matter what defense action a defendant initiates, it is important that they are well informed. This not only ensures that their rights are protected but also helps them assert the best defense possible for their matter.
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