Simple or major, a drug crime could land an individual in some very hot water. However, when a person is facing a drug charge, it is important to understand the details of the accusations, as details such as drug type, form and quantity can make a difference when it comes to the potential penalties faced. In addition, these details also play a major role in a criminal defense.
Those accused of drug possession, whether it is for personal use or for the supposed intent to sell, there are defense options available. While some defense strategies are more common than others, one should note that there is a variety of options available to them.
The most common approach is claiming there was an unlawful search and seizure. Because the Fourth Amendment of the Constitution affords the right to privacy, one could assert that a proper search and seizure did not occur. For example, at a traffic stop, if a motorist has illicit drugs in plain view, this can be lawfully seized and used as evidence. However, if a search was conducted and tools were used to open up the trunk of the vehicle without the permission of the driver, this constitutes an unlawful search and seizure.
Other defense options include asserting that the illicit drugs belong to someone else, errors were made during lab analysis, the substance is not an illicit substance, drugs collected as evidence have gone missing, drugs were planted or entrapment. Depending on the circumstances, a defendant may have more than one option when it comes to asserting a criminal defense against drug possession.
Even if the evidence seem multitudinous, it is vital to understand that not all evidence sticks. By taking steps to assert a defense, one can poke holes in the prosecutions case, helping them reduce or even avoid criminal penalties.
