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Possible defenses to the criminal charge of drug possession

June 25, 2017 – David W. Foley – Criminal Defense

Criminal Defense Lawyer in Colorado Springs | Call 719-757-1182

A conviction for drug possession can significantly affect your life. You may have difficulties finding employment, renting an apartment, attending some colleges and more.

However, there are drug possession defenses that may be able to help you avoid a conviction or at least mitigate the possible penalties. Here are some of those defenses:

— The drugs were not yours: Sometimes, when law enforcement finds drugs and there are several individuals who had access to them, no one will claim them and you may end up facing charges for possessing them. Your defense attorney will push the prosecution to prove that the drugs were yours and not someone else’s.

— Unlawful search and seizure: The right to due process of law is guaranteed by the Fourth Amendment. This covers a person from being subjected to unlawful search and seizure. While an officer may have the right to seize drugs that are in plain view, he or she does not have the right to break into the trunk of your car. However, if you are arrested, your vehicle may be searched.

— Prosecution cannot produce the drugs. Your attorney will likely make the prosecution produce the drugs that you are accused of having. If the drugs cannot be located, your case could be dismissed.

— Analysis by a crime lab determines that substances are not illegal: Simply because the officer said that you possessed cocaine does not mean the substance is actually cocaine. The prosecution will send the drugs to the crime lab for analysis and the technician will need to testify in order to provide the court with evidence that the substance was cocaine.

If you are facing drug possession charges, there may be several defenses available to you that you are not aware of. Your attorney can help you determine which defense should be used in your case.

Source: FindLaw, “Drug Possession Defenses,” accessed June 25, 2017

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