Being accused of drug possession can be an extremely serious charge depending on the type and quantity of drug that you were accused of having in your possession. You may or may not be charged with an intent to sell, but if you intend to plead not guilty, it is important to speak to an attorney about the possible defenses that could be accepted in court.
The following article serves as a brief overview of the types of drug charge defenses that can be permissible in court, and may be enough to secure your innocence if you plead not guilty.
The drugs found belong to someone else
If the drugs were found in a place where the true owner could be contested, then it is possible to lead with the defense that the drugs were simply not yours. They may have been found in your apartment that you share with a roommate, for example.
When a search or seizure takes place, it must be a lawful one. According to the Fourth Amendment to the U.S. Constitution, only evidence found through lawful search and seizure can be used as evidence in court.
Lack of crime lab analysis
An attorney will help you to make sure that the prosecution is not making assumptions. Just because the substance found looks like cocaine doesn’t mean that it is. The prosecutors must prove beyond reasonable doubt that the substance is what they say it is. This can change the course of the prosecution’s argument entirely.
Source: FindLaw, “Drug possession defenses,” accessed Aug. 24, 2017