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When experience matters, don’t leave your future to chance.

How to defend against a drug possession charge

| May 10, 2021 | Drug Crimes |

If you are charged with being in possession of a controlled substance, it is generally in your best interest to contact a Tennessee attorney in a timely manner. Doing so may make it easier to defend yourself against the charge and avoid the many possible penalties that you might face if convicted of this crime.

Were controlled substances found during an illegal search?

The Fourth Amendment limits an officer’s ability to search your home, vehicle or person. In most cases, authorities will need a warrant to do so. An exception may be made if conducting a search would likely uncover information that might stop future crimes from taking place. However, in the event that a judge rules that your Fourth Amendment rights were violated, any evidence linked to such a violation will likely be ruled inadmissible at trial.

Did the drugs in question belong to you?

If a prosecutor cannot prove that the drugs that were found in your home, car or backpack actually belonged to you, a drug possession charge might be dropped. The same may be true if you can prove that the controlled substances that led to a charge were planted by a police officer.

Chain of custody errors could lead to an acquittal

Drugs that are seized from a crime scene may be transferred to multiple locations throughout the course of an investigation. Therefore, it’s possible that evidence could be lost at some point during the legal process. In the event that evidence is lost in your case, your criminal defense attorney may ask a judge to dismiss any drug charges that you currently face. At a minimum, it may provide your attorney with the leverage needed to obtain a favorable plea deal.

An attorney may use a variety of strategies to help you obtain a favorable outcome in your case. For example, he or she may attempt to get evidence suppressed, cast doubt on the credibility of the officer who took you into custody or cast doubt on any evidence introduced at trial.