Have you been arrested for the
possession of controlled substances? Whether you were accused of possessing illegal
drugs for personal use or
possession with intent to sell, a
Richmond drug crimes attorney from the firm will be able to determine which legal defense strategy to
implement in your case. Many people believe that if you are caught will
illegal drugs, you are as good as guilty. The truth is, that drug crimes
are not impossible to beat, in fact there are several viable defense tactics
that you should be aware of. Some defense strategies bring the testimony
or evidence into question, while others deny your knowledge of the drugs
or your intent to sell them.
Here is a closer look at the possible drug possession defenses that you
may be able to utilize in your case.
Illegal Search and Seizure
According to the U.S. Constitution, the Fourth Amendment clearly states
that all searches and seizure procedures must be lawful when taking a
suspect into custody. This type of defense is based on whether or not
the arrest officers followed protocol procedures. Law enforcement officials
are not given the clearance to start searching your trunk or glove box
without your consent or without a warrant. However, if the illegal drugs
or paraphernalia are in plain sight, then law enforcement officers may
be able to seize it and use it as evidence in your case. If a police officer
was to break into a vehicle and search the glove box, or jimmy a trunk
with a crowbar, then any evidence that they find may not be admissible
as evidence in court.
They Did Not Have a Legal Reason To Stop My Vehicle
If law enforcement does not have a valid reason to stop your vehicle,
then detaining you could be considered unconstitutional. This is also
true if you were just walking down the street when they stopped you. Speak
criminal defense attorney to find out if they had a constitutional reason to stop or detain you.
The Drugs Do Not Belong to Me
This is a common defense in drug cases. The basis of this defense is that
the drugs were present but you had no part in it because they belong to
someone else. If law enforcement officials find a marijuana joint in your
vehicle, who is to say that it didn't belong to one of the three passengers
in the vehicle. In this case, it would be the prosecution's job to
prove that the joint belonged to you specifically.
The Drugs in Question Cannot Be Found
Typically in drug crime cases, the controlled substances that are seized
are passed through a chain of command before they end up in the evidence
locker. If for some reason the drugs go missing and the prosecution is
not able to have the illegal drugs present as physical evidence, then
the case may end up being dismissed. Just because drugs were seen at the
time of arrest, does not mean that you should assume those drugs still exist.
The Drugs Were Planted By an Officer
This defense is not used often because it is hard for law enforcement
to believe that another officer would purposefully plant the drugs to
justify an arrest. The personal testimony of a police officer holds a
lot of weight to the judge. However, if you are able to get it approved
by the court, you may be able to file a motion and formal complaint about
that specific officer.
I Was a Victim of Entrapment
In some cases, law enforcement conducts sting operations where they place
an informant in the mix that encourages the suspect to give illegal drugs
to a third party. In these cases, the drugs are often provided by the
state. This type of scenario could be described as entrapment.
It is Medical Marijuana
If you were found in possession of marijuana, then in some cases you can
use the defense stating that it is used for medicinal purposes. However,
this defense only works if you live in a state where medical marijuana
is legal. In order for this defense to work, you must be able to prove
to the court that you have a medical condition that requires the aid of
medical marijuana. This typically required a valid doctor's prescription
If you or someone you know is facing drug possession charges, then
contact Vaughan C. Jones, Attorney at Law without delay. He will
review your case for free!