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Always build a defense to drug possession charges

| Apr 17, 2018 | Drug Crimes

If you receive drug charges, you owe it to yourself to build a strong defense. These charges can dramatically alter your life’s trajectory and may set you on a destructive course that is exceptionally difficult to overcome. Even if you look at your charges and think that there is no way to fight them, you probably have more options than you realize. You must begin the work of scrutinizing the charges and building your defense as soon as you can.

Do not make the mistake of putting off this important work until another time, because your prosecution certainly is not doing so. Each and every day that you wait to build a defense and counter the charges is another day that the prosecution has to make a case against you unimpeded.

Strong legal guidance is often useful in these circumstances, giving you insight into the legal specifics of your case that can help you protect your own rights and identify weaknesses that may lead to lessened sentencing or even dismissing the charges altogether.

Challenging the circumstances of your arrest

In many instances, law enforcement oversteps the bounds of what they are allowed to do legally in the pursuit of securing drug charges. This may mean that a police officer illegally searches your vehicle without a warrant, probable cause or your permission. If this occurs, then it may constitute a violation of your Fourth Amendment rights against unreasonable search and seizure.

Similarly, officers may use unnecessary force during your arrest, which may constitute a violation of your Eighth Amendment rights against cruel and unusual punishment, which often includes excessive force.

It is also possible that you received charges based on flimsy evidence, such as drugs found within your home. For instance, you may have sufficient grounds to claim that the drugs are not actually yours, but belong to someone else who accidentally left them in your home.

Challenging the evidence itself

You may choose to challenge the evidence against you directly. One common way to do this is by requesting that the evidence against you undergo laboratory testing to determine its composition. Not only does this tactic often give you some more time to build your defense in detail, but it also forces the prosecution to produce the actual drugs that it claims you owned.

Often, the prosecution cannot produce the evidence for testing because of storage errors misuse. If they cannot present the evidence, the charges against you are very weak, and a judge may dismiss them.

Testing is also useful because you may have grounds to challenge the methods used or the reliability of the results.

These are only some of the defenses you may choose to employ. However, you decide to build your defense, be sure to begin as soon as you can for your own safety and security.