3 potential defenses against drug charges

On Behalf of | Nov 3, 2020 | Firm News

When you’re facing drug charges, the situation can feel hopeless. However, it’s important to remember that you have rights, and you’re innocent until the state proves you guilty. The following are three possible ways you might build an effective defense against a drug charge.

1. The police violated your rights

The Fourth Amendment protects you from unreasonable searches and seizures. Any drugs or evidence that is collected unlawfully cannot be used against you. The police need some reason to search your home or your car. In some cases, they will have to have a warrant for your arrest or a search warrant. Without probable cause, most searches and seizures will violate your Fourth Amendment rights.

2. The drugs aren’t yours

Perhaps the joint found in your back seat fell out of a friend’s pocket after you gave them a ride home. Maybe the opioids found in your house were there because you were caring for a loved one following a surgical procedure. Whatever the case may be, if the drugs weren’t yours, you can raise this point as a defense. It’s crucial that you back up your words with evidence. Eyewitness accounts or copies of medical records can help strengthen your claim.

3. The drugs were legally yours

You could have a prescription for medical marijuana. If the police failed to take note of your medical marijuana prescription, you could build your defense based on this fact. The same could be true if you have a prescription for opioids.

These are only a few of the defenses a person may employ at their criminal trial. You should discuss all of your possible options with a skilled legal professional.