Minnesota has decriminalized marijuana possession, but it is still illegal to possess a number of other types of drugs. A drug possession conviction can cause major issues for your professional life now and in the future, so it’s imperative that you contest a drug possession charge in court. But what are some of the best defenses if you are charged with drug possession in Minnesota? We take a look at some of the best defenses for a Minnesota drug possession charge in today’s blog.
The Best Drug Possession Defenses
The following is part of a series that focuses on the best defenses for specific crimes in Minnesota. Remember that this is just general information, and the actual best defense plan will come from a lawyer who can review the specific facts of your case to give you the best chance of beating the charges. So while we will look at some defenses that are oftentimes effective, a lawyer will be able to help you determine your best path forward. For help with this decision, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
1. Not Your Drugs/Unwitting Possession – One common defense to a drug possession charge is that the drugs are not yours or you did not know that you were in possession of the drugs. For example, if you live with a roommate in the dorms and a search reveals drugs in your room, you may assert that the drugs are actually your roommate’s. Similarly, if a friend asks to store something in your locker until after school and a drug dog alerts an officer to the presence of drugs in your locker, you may argue that you weren’t aware that drugs were in your locker. If the drugs that were found were not yours, there’s a good chance that your lawyer will argue that the police misunderstood the facts of the case, or that you were an unknowingly in possession of the drugs.
2. Illegal Search – As we’ve said on the blog numerous times in the past, the ends simply cannot justify the means when it comes to the justice system. They very well may be your drugs, but if the police did not obtain evidence for their case legally, then that evidence cannot be used in court. If an illegal search was used to collect evidence, you can bet that a good lawyer will attack the their search tactics. We are always very careful to review the specifics of police reports, search warrants and video evidence to ensure that officers do things by the books, because if they don’t, you can get the charges dropped.
3. Duress – It’s also possible that you were only in possession of the drugs because you were under duress. If you were being threatened or extorted by another individual, you may be able to get the charges dropped. If you or your family was being threatened by an individual and that’s why you were possessing or selling drugs, let your lawyer know and they can help explain your situation to the prosecution.
These are the three main defense strategies that are pursed when someone is facing a drug charge, but we’ll help develop the best defense for your unique situation when you bring your case to us. For more information, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
