A Look At The Common Defense Strategies For Drug Possession Charges

Being charged with possession of drugs, especially in some states, can lead to criminal charges on your record that follow you for the rest of your life. Drug charges on your record can prevent you from being approved for a lease when you are trying to get a place to live or even affect if you are hired or not at certain places. Therefore, if there is any way possible to defend the charge in court with the help of a criminal defense attorney, it is best that you do whatever you can. There are specific strategies that are often used to help someone who is facing criminal drug possession charges. 

The drugs were only found through unlawful search and seizure. 

If you were pulled over by a law enforcement officer and they searched your vehicle and subsequently seized drugs after that search, your defense attorney may be able to claim that the drugs were unlawfully discovered. Your vehicle can only be searched if the officer has reasonable suspicion to do so. For example, if they witnessed you coming from a drug dealer's location or if they were to smell drugs when they approached the vehicle, they would have a right to search your car. In some cases, if unlawful search and seizure can be proved, the drugs cannot be admissible in court and the charges can be dismissed. 

The drugs potentially belonged to someone other than you. 

If the drugs were found in a place where other individuals were present, your attorney may be able to sway the prosecution team by showing them probably reasons why the drugs may not have even been yours. For example, if the drugs were found inside your vehicle but you were traveling with other passengers, the other passengers should rightfully be considered as suspects just the same as you. Likewise, if the drugs were found in your home and you dwell there with others, there may not be enough evidence to prove the drugs were specifically yours. 

The drugs had a legal reason to be in your possession. 

This is not possible with illicit drugs that are never legal, such as cocaine or methamphetamine, but with some types of drugs, legal possession may have to be proved. Say for example you had a few prescription pills in your pocket but did not have your prescription bottle. The defense attorney can bring in viable evidence that shows you had a reason to have the drugs in your possession by supplying a doctor's statement or a copy of the prescription itself. 

For more information, contact your local criminal law office.