Being arrested and charged with drug possession can be stressful and scary. Besides worrying about going to jail, you are likely worried about your family, job and future.
This is understandable. A conviction can impact your life in many ways. Because a drug possession conviction has the potential to impact your life negatively, you must know what defense options you have. A strong defense may result in reduced charges or your case being dismissed.
Unlawfully obtained evidence
If the evidence against you was obtained illegally (i.e., an illegal search and seizure), it might be considered inadmissible in court. The drugs you were in possession of are a big part of the case against you. The charges might be dismissed if your Fourth Amendment rights were violated in some way when the evidence was obtained.
Deny ownership of the drugs
Even though this is not always the strongest defense, you can state that the drugs are not yours. If you can show others had access to the house or vehicle where the drugs were found, you may successfully create doubt about whose drugs they were. Just remember, if the prosecution can prove you had access or control of the drugs, that is all they need for a conviction (in many cases).
Entrapment
If the police used pressure or other tactics that made you commit a crime, you could be a victim of entrapment. This is illegal; however, it can be complex to prove since there s always a choice when it comes to committing a crime.
Building a strong defense
Since drug charges are serious and have serious consequences, building a strong defense is essential. You have legal rights and are considered innocent until proven guilty. It is up to the prosecution to show you are guilty of the crime you are charged with.