A conviction for drug possession can change your life forever. In Florida, a conviction for misdemeanor drug possession can cause a defendant to lose his or her driver’s license for a maximum of two years. It is easy to imagine how devastating this can be for someone who needs to drive for work.
Because Florida courts pursue these types of charges aggressively, it is important to contact a Miami criminal defense attorney if you are facing drug possession charges.
Defenses for Drug Possession Charges
Fortunately, there are several defenses that can help to make your case against the drug possession charges more convincing. One of the following six defenses may be helpful to you:
1. The Police Made an Improper Arrest
Sometimes, it’s possible to challenge the validity of the arrest itself. Your lawyer can investigate the incident that led to your arrest, going all the way back to what motivated the police to stop or approach you in the first place.
2. The Police Conducted an Improper Search
If the police stopped you without probable cause or reasonable suspicion, it may be possible to file a motion to suppress the drug-related evidence in your case.
3. The Drugs Belonged to Someone Else
In some cases, it is possible to show the drugs did not belong to the defendant but to another person in a vehicle, home, or other area around the defendant.
4. The Evidence against You Is Flawed
If the police arrested you based on information gathered through informers or a wiretap, an experienced lawyer can attack the validity of these evidentiary sources.
5. You Are Battling Addiction
In some cases, it is possible to argue that a drug addiction treatment program is an appropriate alternative to jail time or other forms of punishment. Your lawyer can ask the court for leniency in exchange for your agreement to obtain help for a substance abuse problem.
If you were lured into committing a crime you would not have otherwise committed, you may be able to argue you were unlawfully pressured into purchasing or obtaining drugs. Entrapment cases can be difficult to prove, so it is important to speak with an attorney if you believe entrapment may be a defense in your case.
How a Criminal Defense Lawyer Can Help
Any kind of criminal charge can leave you feeling frustrated and hopeless. Drug charges are especially stressful. If you have been charged with drug possession, a Miami criminal defense attorney can help you explore your options and create a defense strategy designed to obtain a reduction or dismissal of the charges.
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