Whether you are stopped for a traffic violation, were served a warrant to search your residence or were stopped on the street on the suspicion of a crime, being subjected to a search is an overwhelming and uncomfortable process. One is likely to feel vulnerable and on edge, wondering what may come of this search. If law enforcement uncovers an illegal substance, this could result in drug charges.
Being in possession of a drug does not necessarily mean that the accused was in possession of the drug or that they must endure the consequences associated with such a crime. It is possible to assert a defense to help them avoid criminal penalties. The most common route to take in these situations is to assert an unlawful search and seizure. This means that law enforcement either missed a step or failed to follow procedures when conducting a search or seizing an item. If it is established that an illegal search occurred, a defendant could use that to suppress evidence or even have the charges dismissed.
Another defense option is to assert that the drugs in question belong to someone else. It is possible that one was unaware that the drugs were in his or her vehicle or home because they were unknowingly placed there by another person, or were with an occupant of the vehicle or home. Other defense options could involve planted drugs, entrapment or even missing drugs.
No matter the defense path a person takes, it is important to be well informed and understand how each or any defense option could benefit you. This can help you make an informed decision and take the proper steps to protect your rights and interests.