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Potential Defenses to Your Drug Possession Charges

Drug possession can be a serious charge, especially if you are caught with a significant amount of paraphernalia or illegal substances. Whether you were caught with marijuana, cocaine or another illegal drug, there is no way to talk your way out of it without the assistance of an attorney.

An attorney can find the right defense to your case—or better, find evidence that forces the prosecution to drop the charges altogether. While there are a variety of ways your attorney can help dismiss the charges, there are common defenses that may be what it takes to get you back home.

Understanding the Law

There are strict laws regarding drug possession and it is illegal under state and federal laws. While cannabis is allowed in some states, if you are caught in possession of it in Florida, you are still violating the state’s laws – even if you are from a state that allows the possession of cannabis.

Defenses to Drug Possession Charges

Talk with your criminal defense attorney and be honest about the arrest. Do not hide any details from your attorney as hiding just one detail could affect the outcome of your case. Even if you have dealt with a possession charge in the past, you need the assistance of a lawyer.

Some common defenses your lawyer may use include, but are not limited to:

    • You were not knowledgeable of the drugs : You must willfully possess the drug for the courts to charge you with drug possession. If the drugs were not yours and you do not know who they belong to, then you may be able to get out of a possible drug charge.
    • Citing the Constitution : The Constitution protects your rights, even if you are arrested for drug possession. If the officers performed any actions that violated your rights during the arrest, such as an unlawful search of your personal property, then your attorney may be able to get the charges dismissed.
    • Drugs were not drugs : Many legal substances out there look like drugs, but are not.
    • Chain of custody : A common defense is that the chain of custody was broken. For example, the officer did not log the evidence against you right away, which means that the chain of custody was compromised.

Consult an Attorney – Don’t Risk Your Defense?

While you may think you can talk your way out of a drug possession charge, you should still have the assistance of an attorney. An attorney can look for infringements on your rights, assess the arrest, and negotiate with prosecutors. Do not risk your freedom by defending yourself; instead, hire an attorney.

Contact Miami drug crime attorney at the Law Offices of Paul J. Donnelly, P.A. today for a no obligation consultation regarding your drug arrest today.

Also Read : Why is My Drug Arrest a Federal Crime?

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