Drug crimes are present everywhere, but have become more prevalent in Atlantic City, New Jersey, where jobless and poverty rates have increased over the years. If you or a loved one have been charged with drug possession, consider using one or more of the defenses discussed in this post.
There are two main charges someone can be hit with when found with drugs: possession or possession with intent to sell. No matter the charge, these defenses might work for you in court.
One of the most common defenses used today is that the drugs belong to someone else and are not yours. Drugs found in an apartment that has more than one person living in it, or a car with multiple people in it, will be hard to prove are yours by a prosecutor.
Unlawful search and seizure is another common drug crime defense. Drugs found in plain view, such as on the dashboard of a vehicle during a traffic stop, will not fall under this defense. But, drugs found in a vehicle’s trunk or in a bag in the vehicle, might fall under this defense if permission for a search was not granted or obtained from the court.
One of the most difficult drug crime defenses to use is that the drugs were planted. This is difficult to prove because the sworn testimony of a police officer is weighted very heavily in court. Also, officers might not be willing to blow the whistle on a colleague if the drugs actually were planted on a suspect.
An incomplete or incorrect crime lab analysis is another common drug crime defense used in court. Just because a confiscated drug looks like cocaine does not mean it is necessarily cocaine.
Entrapment occurs when a person is induced to commit a crime that he or she might not have otherwise committed. This is different from a typical sting operation or use of an informant.
If you or a loved one are facing drug charges, you need to develop a strong defense. An experienced criminal defense attorney in Atlantic City, New Jersey can help you with your drug crimes case.
Source: Findlaw, “Drug Possession Defenses,” accessed Jan. 26, 2017