Facing drug possession charges can be overwhelming and frightening. Beyond the legal consequences of a conviction, like imprisonment and fines, having a criminal record could negatively affect many other aspects of your life.
Fortunately, several defense strategies could significantly impact the outcome of your case. Understanding these potential defenses can help you regain some control over the situation and make informed decisions as you navigate this challenging time. Below are some potential viable defenses.
Challenging the prosecution’s evidence
The evidence against you may be incriminating but inadmissible in court — meaning the prosecution cannot use it to prove your guilt. This can be the case if the police obtained the evidence through an unlawful search and seizure, which is a violation of your Fourth Amendment rights. A search may be considered illegal if the police did not have a valid warrant or probable cause or exceeded the scope of a lawful search.
Similarly, you can challenge the authenticity and reliability of evidence if there are problems in the chain of custody. This is the documented process of tracking evidence from when it was seized to its presentation in court. Law enforcement mistakes in handling or storing the evidence in their possession or gaps in the chain of custody can lead to doubts about its integrity — potentially making such evidence inadmissible.
The entrapment defense
You may raise the entrapment defense if the police induced or coerced you into committing a crime you would not have otherwise committed. This involves demonstrating that undercover law enforcement officers or civilians working for them as confidential informants instigated the crime or actively encouraged you to engage in criminal activity you would not have on your own.
Ultimately, the circumstances of your case will inform your defense strategy, as some of these defenses may not apply to your situation. Seeking an informed assessment of your drug charges can help identify the best course of action and significantly improve the chances of a desirable outcome.
