Nothing is worse than being accused of something that you did not commit. Whether you are at the wrong place at the wrong time or were misidentified as part of the alleged crime, drug crimes are serious offenses and are treated as such. Thus, those accused of such a crime may not have to suffer the consequences associated with it. If a defendant did not in fact commit the alleged crime, he or she is able to assert a legal defense.
Being accused of possessing an illicit drug is not an easy situation to face. However, if you believe that you have been wrongfully charged, there are strong defense route you could take. The first thing a defendant should consider if the steps taken by law enforcement to uncover the supposed drugs. The Fourth Amendment protects citizens from an unlawful search and seizure. If evidence, such as an illegal narcotic, were discovered by an unlawful search or seizure or stemmed from one, a defendant could use that information to suppress evidence.
Next, a defendant should consider whom the drugs in question belong to. If they are not his or hers, it is possible that a person within their home or a passenger in a vehicle is the true owner. Proving that the drugs belonged to someone else could help dismiss the charges against the defendant.
With regards to prescription drug charges, a defendant could take steps to prove that they in fact belong to them and are being used as intended. This might require getting medical records and proving that a prescription is still valid.
Other defense options could include entrapment, planted drugs or even the alleged drugs not being the drug they are presumed to be. No matter what defense route is taken, defendants need to carefully assess their situation. This is where a legal professional can be very helpful. This not only protects your legal right but helps uncover what defense strategies will work best for your situation.
Source: Findlaw.com, “Drug Possession Defenses,” Accessed Dec. 23, 2017