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What defenses are there for drug possession charges?

Drug charges are a serious matter. If you are convicted of drug possession it may affect your reputation and your employment prospects. Furthermore, you could face fines or even jail time. But what if the drugs were not yours or you were set up? You may simply have been in the wrong place at the wrong time. Unfortunately, this often has consequences, such as being implicated in a drug-related crime. 

Nevertheless, there is still hope. You are innocent unless proven guilty, so the important thing is making sure you have a strong defense. It may seem like an insurmountable problem to begin with, but there are several common defenses that can be effective if you are accused of drug possession. These are explained in greater detail in this article, but include the following:

  • If the drugs cannot be produced as evidence during the trial, the case might be dismissed. As drugs often get moved around a lot after being seized, they do not always make it to the evidence locker.
  • If you did not know the drugs were present, or they were not yours, it is important to get this point across. Drugs found in a house or car, for example, could have belonged to any of the other occupants.
  • It must be proven that a substance that has been seized is the drug that it is alleged to be. This requires the evidence to be sent to be analyzed at a crime lab. This having been done, the crime lab analyst needs to testify at the trial regarding the nature of the substance.
  • The drugs may have been seized unlawfully. Drugs in plain view may be seized lawfully. However, if, for example, officers needed to force their way into your glove box to find them without your permission, those drugs may not be used as evidence.

Of course, these are only a few examples of the aspects of your case that can be called into question. An attorney can help you figure out the most fitting defense and challenge the prosecution on the details that might otherwise incriminate you.

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