Drug possession charges can have serious and long-lasting consequences, so it’s imperative that you contest any charges instead of just pleading guilty and hoping for the best. It can also be quite difficult to put together a convincing defense in the event that drugs are found in your possession, but that’s where an experienced criminal defense lawyer can help. In today’s blog, we take a look at four common defenses we’ll consider pursuing if you end up facing drug possession charges.
Defenses Against Drug Possession Charges
Here’s a closer look at some common drug possession defenses that will be considered based on the facts of your case:
Unintentional Possession – If you were found in possession of illegal drugs but where unaware that you had them, you may have a defense. For example, if someone asked to store some stuff in your locker and a drug dog signals that there are drugs in your locker, you can be charged with drug possession. If you and your lawyer can prove that you had no knowledge that you were possessing illegal drugs, you can get the charges dropped.
Not Yours – This isn’t always easy to prove, but if you can showcase that the drugs in your possession are not yours, you can have the charges dropped. A homeowner or vehicle driver may be assumed to be in possession of the items in their home or car, but if someone else has drugs hidden in these areas and they are discovered, a lawyer can help develop a case that suggests you were incorrectly charged with a possession crime.
Framed – Although it may sound like something out of a crime thriller, we’ve seen plenty of cases where an individual was set up by someone else. If someone had access to your locker, backpack, garage or vehicle, they could easily plant evidence and then tip off authorities about its presence. If you have reason to believe someone else set you up to be caught with drugs, let your lawyer know. Nowadays it seems like cameras are everywhere, so it may not be too hard to show that someone else had the means and was in the area prior to you being found with drugs in your possession.
Addiction – A final path that will be explored is the effects of addiction. Drug addiction is a disease, and while battling an addiction doesn’t free you from the consequences of your actions, it can help to shape how your case plays out and the type of sentence you receive. If you can argue that you have an addiction and that you want to get clean, you may be able to avoid large fines or jail time so long as you successfully attend and complete a rehabilitation program. Again, this is different from a full on defense, but acknowledging an addiction during the trial process can help you avoid sentences that will make the issue worse and make it more likely that you get the services you need to get your life back on track.
These are just a few of the ways you can fight back against drug possession charges, but based on the specifics of your case, we’ll work to develop a strong defense that puts you in the best position to earn a favorable outcome. For more information, or for help with your drug charges, reach out to Avery and the team at Appelmen Law Firm today at (952) 224-2277.
