Understanding the Possible Defenses to Possession of Large Quantities of Drugs

If you are facing a charge for possession of a large quantity of drugs, it is essential to understand the possible defenses available to you. Such charges can result in severe penalties, such as imprisonment or fines. As such, a drug defense attorney can utilize many legal defenses to fight the charges against you. 

Lack of Knowledge 

One of the most frequently used defenses against a possession of drugs charge is the lack of knowledge. It is not enough for the prosecution to prove that the defendant had drugs in his or her possession. They also need to establish that the accused was aware of the drugs and had control over them. If it is proven that the accused did not know about the drugs' presence, it can be argued that they didn't commit the crime.

Unlawful Search and Seizure

Another popular defense against possession charges is the unlawful search and seizure defense. The Fourth Amendment prohibits law enforcement from conducting unreasonable searches and seizures without a warrant or probable cause. If they carried out a search on your property or person without a search warrant or probable cause, any evidence obtained during the search cannot be used against you.

Entrapment

The entrapment defense is applicable when police agents or informants pressure or induce the defendant to commit a crime that they otherwise would not have committed. This can involve police coercion, inducement, or deception. The defense seeks to show that the defendant would not have committed the offense if not for the police intervention.

Improper Chain of Custody

The prosecution has to prove that the drugs seized from the defendant are, in fact, the same drugs presented in court as evidence. The defense can contest the chain of custody and argue that the substance obtained was not the one found on the defendant. Any mistakes in the chain can weaken the prosecution's case, leading to a possible dismissal of the charges.

Unique / Creative Arguments

A good defense attorney will not stop with the traditional arguments to mitigate or eliminate the charges against you.  When it comes to your freedom, every possible argument must be explored. An attorney that focuses on drug defense cases is up to date on all of the cutting-edge arguments and newest defenses that are being used across the country.  You don't want someone who is going to push you to plead out to a bad deal - you want an attorney who is going to file motions and litigate everything possible.  

Conclusion

Drug possession charges can be severe and can have far-reaching consequences. With the right legal defense team, however, you can fight the charges and reduce the penalties against you. By understanding the possible defenses to a possession charge, you can take a proactive approach to defending your rights and securing your freedom. If you are facing such charges, do not hesitate to contact a qualified attorney and discuss your case.