The possession of drugs can be illegal in certain circumstances, and anyone can be charged with a drug offense. How can you get away with it? Taking the help of an experienced criminal defense attorney is the safest option. But before that, it is also essential to know certain defenses when charged with a drug offense. Here are some of the drug offense defenses that can fit well in your situation:
In Possession Of Medical Marijuana
Successfully claiming that the drug in possession is medical marijuana is an affirmative defense you can use. Though federal law doesn’t consider it a valid drug defense, some states where medical marijuana is legalized will allow it.
To prove your claim, you should have a doctor’s note stating the same. Places, where people have the right to use marijuana legally can be saved from a drug offense using it as a valid defense.
Unlawful Search And Seizure
According to the Constitution of the U.S., as a process of law, everyone has the right to perform search and seizure before the arrest.
However, in the case of drugs, if found in ‘plain sight’ like places where they are easily visible, they can be seized and used as evidence to be produced in the court of law.
The drug seized cannot be used as evidence if they are found during the forceful search of the place or vehicle or with the help of a search warrant. In such a case, the defendant’s rights are deemed to be violated, and the drugs seized cannot be used as evidence in the court of law.
The police should be able to prove that the defendant knew of the existence of the drug. In a case where they are kept hidden, the police are incapable of proving the same, and this leads to the dismissal of charges.
Deny The Ownership Of Drug
There are cases when the drug found in a place or vehicle belongs to someone else. These could be of anyone present at the place. Denying the ownership of drugs is, therefore, a common drug offense used by many.
The prosecutor should prove that the drugs belonged to the defendant and not to anyone else present at the scene.
When it is proved that the evidence is missing, the case is dismissed. The very essence of a drug case trail is to produce the drug seized by the police.
The evidence collected goes through different processes before finally landing up in an evidence locker. In this process, there are chances of getting the original evidence misplaced.
A good attorney will ask them to present before the court and asks to prove the entire drug custody process to bring forward any discrepancy.
The prosecutor, in case of misplacing the evidence, can even replace it with hoax evidence. Therefore, it should never be assumed that the evidence seized at the time of arrest still exists during the trial.
Entrapment can also be used when charged with a drug offense. It means that the accused was pressured into committing a crime that he may not have committed otherwise. This could be when the accused was forced to pass the drugs to a third party and was caught in the drug’s possession in the process.
Drugs Were Planted
Proving that the drugs were planted is difficult if the police officer found the evidence in plain sight. Moreover, it would be impossible to prove the police officer’s testimony wrong when charged with a drug offense.
In such a case, the attorney can file a motion to release the complaint file of the respective police officer after taking due approval of the judge. If allowed, the attorney or the private investigator questions the persons who have made the complaint against the respective police officer to conclude.
Duress is an action used by someone to force the other person into doing something against their will, i.e., by coercion or under threat.
If the attorney can prove that the person received a serious threat involving death threats or injured the accused’s family member to perform the task, it is termed as defense of duress.
Such defense calls for evidence. The attorney should also prove that the threat is ongoing.
These were some of the drug charges defenses one can use when found with the possession of drugs.
It is difficult to come up with defenses when charged with a drug offense. But we can help. For any assistance, contact our DUI lawyers today.