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3 possible defenses to a drug possession charge

On Behalf of | Feb 8, 2022 | Drug Crimes

You have been charged with drug possession, and it seems like a done deal from your side. After all, the prosecution has the evidence, and the odds are not in your favor.

However, with a sound defense strategy, you may avoid a conviction by going against the charges you are facing. Below are several defenses that you may rely on depending on the circumstance of your case.

The evidence was unlawfully obtained

If the police obtained the evidence against you through an unlawful search and seizure, it could significantly affect your case. The constitution protects you from arbitrary searches, and unless the police have valid legal reasons, you may file a motion to exclude such evidence from your trial.

Chain of custody problems

If there are errors in how the police handled the evidence from when they obtained it to the time of presenting in court, it may lose its integrity. For instance, if some of the evidence is missing or mishandled, it means that it may lose credibility in court, given that it is incomplete or potentially contaminated. 

You were a victim of entrapment

Entrapment is police conduct that unduly influences you to commit a crime you wouldn’t have otherwise done. For example, if law enforcement harassed or pressured you into possessing the drugs only to arrest you after that, it may amount to entrapment. It is a viable defense since it is considered police misconduct and an abuse of the judicial system.

The best defense is based on the circumstances of your case. Every aspect of your case, including the moment you were arrested, may come into play. Learning more about what to expect along the way and the defense plan to employ will ensure that the case concludes favorably for you.


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