Five Legal Defenses for a Drug Possession Charge

Gavel and legal book on wooden table

Every year, thousands of individuals face drug possession charges. Most of them, however, aren’t accurate. If you are facing a drug possession charge, below are five defenses you can present in court.

“It’s not mine.”

One of the easiest ways to get out of a drug possession charge is by simply saying that you do not own the found substance. With the help of a lawyer, state that the drugs aren’t yours and you didn’t know about its presence. If the drugs were in another person’s car or apartment, a defense like this could work.

“It was for medical purposes.”

Twenty-nine states including California, New York, and Florida have legalized the use of medical marijuana. Individuals caught with the substance in any of the approved states can declare its medical purpose. Suspects with this defense must provide a doctor’s testimony to prove that the marijuana is strictly for medical reasons.

“The drugs were planted.”

If you believe that the police or another individual planted the drugs, you have the right to declare this defense in court. According to a felony lawyer in Provo, even if this kind of defense involves a thorough investigation, many suspects still use it, especially when there is enough evidence.

“I was searched and seized unlawfully.”

Did the police search your car or home without any warrant? Did they find drugs during this situation? If the answer is yes, you are eligible for an unlawful search and seizure defense. Everybody has the right to due process and officers that violate the practice are entitled to punishment.

“The crime lab analysis was inaccurate.”

Just because they look like drugs doesn’t mean they are illegal. Sugar, for example, looks like cocaine while oregano is similar to marijuana. The police must prove that the item seized is indeed an illegal drug before charging an individual. A crime lab analysis is essential in cases like this.

When faced with a drug possession case, work with an experienced lawyer who can give you the best advice and rightfully present your defense in court.