When faced with drug possession charges, you are likely to feel overwhelmed with the limited ways of providing a defense, therefore worrying about future consequences. You may feel lost and unsure where to turn. Before you panic, read over these common drug possession defenses and call or contact CJB Law to get started on your defense. Our team of skilled defense attorneys are ready to assist you with the best defense for your drug possession case.
Illegal Search and Seizure
Illegal search and seizure is a strong defense in drug possession charges. Our team of lawyers look for violations of your fourth amendment rights and proof the search was not legally sanctioned and lacked probable cause. If your car was opened and searched without a warrant, for example, the officer lacked probable cause, and this was an illegal search and seizure. If the drugs were in plain sight, however, this may be used against you during trial.
What makes an illegal search and seizure an adequate defense? Any indication of an unlawful search violates your fourth amendment rights, and the case won’t make it to trial. When unlawful search and seizure occurs, charges of drug possession or possession of a controlled substance are difficult to prove.
Your Miranda Rights and Miranda Violations
The law requires police officers to read Miranda Rights to suspects they plan on interrogating while in custody. Miranda violations mean anything said to a police officer is inadmissible in court. Whether or not the police offer to read your Miranda Rights, it’s always best to stay silent until proper legal representation or your defense attorney arrives to establish any Miranda violations.
Entrapment
Entrapment is an affirmative defense where the defendant states that a police officer acquired evidence by leading the defendant to commit a crime. The caveat here is that the crime would not have occurred had you not been pressured or persuaded by an officer.
In the case of entrapment, legal representation must prove that an officer acted unlawfully to cause you to commit a crime. You would be innocent without officer involvement, and your defense attorney will work to prove entrapment.
The Drugs Did Not Belong to You
A drug charge can seemingly come out of nowhere. It is common for people to get pulled over and an officer to find drugs. Those drugs may not belong to you, or you may not have known the drugs were in your car. In these cases, it’s often helpful if someone was with you at the time of the charge. We highly recommend consulting with an attorney before making any claims about drug possession.
There could be a myriad of reasons drugs or controlled substances were in your possession without your knowledge, and our team at CJB Law will help you determine if this is a reasonable defense. If the drugs were in your car, home, or bag, the drugs not being yours is a solid defense if you have a clean record and witnesses who speak highly of you. Proving the drugs were not yours can be a tough defense, but it is common.
Prescribed Medications
In the state of Minnesota, patients with a medical marijuana card may purchase cannabis from a licensed provider for health ailments and qualifying medical conditions. Possession of medical marijuana or a controlled substance will likely require a prescription or appropriate documentation from your doctor to demonstrate legal and rightful possession.
Seeking a Defense Attorney
Finding yourself charged with drug possession can feel hopeless. CJB Law is here to help, and our goal as your defense attorney is to provide you with the best defense possible for your charges. If this is your first offense, rest assured our established reputation will lessen the burden of charges.
Accusations of drug charges can be scary and that’s why you need our team of legal professionals. At CJB Law, we offer experience, established court relationships, knowledge of your rights, and the best defense for your case. We have experience with these common drug possession defenses and will ensure your case receives the best possible outcome.
Contact CJB Law today to set up your free case evaluation.