Criminal Defense Against Alleged Drug Possession

When someone is charged with drug possession, especially when the intent to sell is attached, it can seem their life is falling apart. However, with the right legal defense, the worst-case scenario can be avoided. The first step is to find the right lawyer. Before diving into finding the lawyer with the best record of lowering sentencing or getting charges dropped altogether, it’s important to understand the common defenses and how they can apply to the charges you face.

Lack of Possession

In the best-case scenario, you didn’t actually have the drugs to begin with. This may seem like a strange defense when you are caught with drugs, but it can be a powerful defense. This relies on an inability to prove the person had “dominion and control” over the drugs, leading to constructive possession. More simply put, if you can’t prove who had ownership of the drugs, you can’t charge someone with possession of said drugs. For instance, if they are found in a vehicle, there is no direct proof that they belong to the driver rather than a passenger. Further, it cannot be proven the driver had knowledge of their presence in the car unless they were caught with the drugs on their person or while being used.

Lack of Knowledge of Drugs

Similar to above, there are cases where a person may be in unwitting possession of drugs. Most commonly, this defense is used when drugs are found in a house, apartment or another place of residence. This defense is also used for mail messengers. If a mailperson is delivering a package that proves to hold drugs, there is no proof the person delivering the package had any way of knowing drugs were in the package. Further, there is no proof the recipient of the package was aware drugs were being delivered to their home.

Lab Analysis

Just because it looks like a drug doesn’t mean it is a drug. A package of white powder is not necessarily cocaine and a plastic bag with a green herb is not necessarily marijuana. If drugs were seized during the search, the prosecution must prove that they are, in fact, drugs. The aforementioned white powder could be flour borrowed from a neighbor and the herbs could be oregano bought from a boutique that sells herbs by the pound.

If you are facing drug possession charges, contact us today for a free consultation on the specifics of your case.