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Defenses to Charges of Drug Possession
March 23rd, 2022
If you are facing drug possession charges, you may be worried, anxious about your future, or even scared.
To defend yourself against a drug crime charge and minimize its consequences, you need an experienced drug crime defense team on your side to thoroughly investigate the case against you, challenge the evidence, and defend you in court.
At Just Criminal Law, Christina L. Williams and her criminal defense team know how the prosecutor will prepare your case, and we know what it will take to beat it. We will take aggressive action, identify and develop possible defenses, and take your case to trial if necessary.
Many of our team members worked as prosecutors or for law enforcement agencies. We know how the state will prepare your case, and we know what to do to give you the best chance of beating it.
Our Team Knows How to Win
There are two parts to beating a Wyoming drug possession charge: the technical legal side, and the scientific side.
To win, you need a team that understands both.
Our attorneys have extensive experience handling criminal cases. They have worked as prosecutors. They know how to take a case to trial. And they know what to do to minimize the likelihood of a conviction.
Our team will carefully analyze the lab results of your drug possession case, looking for technical errors or procedural irregularities that can be used to have evidence excluded from trial and make it more difficult for the prosecutor to prove you guilty.
Defending Against Drug Possession Charges
The unique circumstances of your case will dictate the specific defense strategies we use. But there are common defenses to drug possession charges.
The Drugs Were Not Mine
The police do not need to find drugs on your body to charge you with drug possession. Instead, they only need to show that you had access to or control of the drugs.
Maybe you were riding in the car or sharing an apartment with a friend and had no idea the drugs were there. Your lawyer can argue that there is a reasonable doubt as to who the drugs belonged to, and use this as part of your defense.
Illegal Search
The police must have probable cause to believe you committed a crime before they can search your home, vehicle, or person. But if you gave the police permission to perform the search or the drugs were clearly visible, this defense will not apply. If the search was illegal, the state will be forced to drop the case because the police violated your Fourth Amendment rights.
Entrapment
Entrapment occurs when a police officer or confidential informant induces a suspect to commit a crime that they would not have otherwise committed. For example, if a police officer threatens a suspect and forces them to commit a crime, entrapment might be a viable defense.
It’s Not a Drug
Just because a substance looks like a drug does not necessarily mean it is. To prove you guilty, the prosecutor must introduce crime lab evidence to prove that the substance was, in fact, an illegal one. If there are problems with the chain of custody or the way the test was performed, your criminal defense lawyer can raise issues about these errors to have the lab analysis evidence excluded from trial, increasing the likelihood of having your case dismissed.
No Miranda Warnings
If the police officers failed to follow proper procedures to advise you of your rights and allow you to speak to an attorney, or questioned you after you told them you wish to remain silent, you may be able to have some evidence excluded.
Just Criminal Law Protects Your One Shot at Justice
A conviction for drug possession can have severe and far-reaching consequences. You could go to jail, pay substantial fines, lose your driver’s license, or face mandatory attendance at substance treatment.
It’s never too early to develop your legal defense strategy against drug possession charges. The team at Just Criminal Law is here to help.
We will analyze your situation, aggressively challenge the evidence, and build a strong case for a Not Guilty verdict.
Read about our results and why clients choose us. Then contact us today to schedule your personalized case review and strategy session.
DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.
Categories: Drug Charges