The police didn't catch you actually consuming drugs, nor did the authorities catch you dealing them, but you were found with drugs on your person. This is criminally known as drug possession. Unfortunately, it is a serious crime that could land you time in jail, paying hefty fines, on probation for months and problems in the future finding steady employment. As with any type of crime, you do have legal options available to you. Depending on your exact situation and the facts of your case, here are a few potential drug possession defenses that you can use:
1. You Had No Knowledge at All of the Drugs.
One potential defense that you have against the drug charges is the fact that you didn't know you had the drugs. The drugs weren't yours. You have no idea where they came from, and you did not even know they were on your person. This type of defense works because the prosecution must be able to prove willful possession in order to convict you, which they will find difficult to do if you didn't know you had the drugs in the first place.
2. Your Constitutional Rights Were Broken.
The Constitution protects your rights in many ways, including unlawful search and seizure. If it can be proven that the authorities acted outside the law when they performed a search and seizure, you may be able to get the evidence from said search excluded from trial. If this defense is successful, you will essentially be removing the backbone of the prosecution's case against you.
3. The Substance the Police Seized Is Actually Not Drugs.
A third defense that you have is to claim that the substance that they authorities seized from you is in fact not drugs. After all, there are many substances that can look like drugs. For example, in some cases, cocaine can look like confectioner's sugar or rock candy, while marijuana can appear similar to basil or plain old tobacco. In addition, you can always fight breaks in chain of custody of the alleged drugs (from the moment the drugs are seized to the time they are received at the laboratory for testing), which can help raise questions regarding the reliability of the supposed drugs.
Depending on the type of drug and the amount of drug that you are caught with, you could avoid jail time altogether. In other instances, this won't be the case. Whatever the situation may be with you and your alleged drug crime, it is crucial to bring in a drug attorney, like those at Pollack & Ball LLC, who can help you understand your rights, the charges being brought against you, the potential consequences of a conviction and what legal routes you may be able to take to keep yourself above water.