Good people get caught up in bad circumstances every now and again. For example, you could find yourself facing drug possession charges despite the fact that you have never been in trouble with the law in the past.
If you find yourself in this position, it’s critical to learn more about your charges, your legal rights and the defense strategy you can use to protect against a conviction.
Although the circumstances of your charges will impact the defense strategy you employ, here are three of the most common:
- Unlawful search and seizure: The constitution protects you against unlawful search and seizure, so make note of how the drugs were found. Depending on the circumstances, you may be able to fight to have the evidence excluded from your case, which will help you come out on top. For example, if an officer pulled you over for running a stop sign and they broke into your trunk for no reason, you may have a case for unlawful search and seizure.
- The drugs didn’t belong to you: Just because you were in close proximity to someone with drugs doesn’t mean they belong to you. For instance, if someone is riding in your car and has drugs on their body, you may not have known about it. You didn’t commit the crime of drug possession if there was no willful possession.
- The drugs were planted: If another person planted the drugs, such as someone you know or a police officer, you can use this defense strategy to show that you didn’t commit a crime. Maybe an acquaintance who is looking to get back at you for something hid the drugs in your home and then called police. You didn’t know the drugs were there, but the responding officers assume they belong to you because it’s your home.
It’s imperative to consider every possible drug possession defense strategy, as you never know when you’ll find the one that best positions you to avoid a conviction.
If you find yourself in this less than desirable position, don’t stop until you learn more about your legal rights and settle on a defense strategy that will give you confidence when your day in court arrives.