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Clients’ Rights

Possible defenses against drug charges

On Behalf of | Mar 19, 2024 | Criminal Defense |

Drug charges can have a major impact on your life. Along with possible jail time and fines, you may also face social stigma and professional issues.

However, remember that you have rights, no matter what type of charges you face. Additionally, certain legal defenses can potentially mitigate the charges against you.

Challenging search and seizure

Police officers must follow certain rules and guidelines when performing searches. If law enforcement conducted an illegal search without a warrant or probable cause, the resulting evidence may be inadmissible in court. Also, police must provide information on Miranda rights to ensure full legality.

Lack of possession

Another defense involves asserting that you were not in possession of the drugs in question. This could entail demonstrating that the drugs belonged to someone else or that you were unaware of their presence.

Unlawful entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If you can prove that law enforcement coerced you, it may serve as a compelling defense.

Proving lack of intent

Intent is an important element in drug charges. If you can show that you did not have the intention to possess or distribute drugs, it could be a viable defense. For example, if you were unaware that a substance was illegal, it can support your case.

Violation of rights during arrest

If you experienced a rights violation during the arrest process, it could undermine the prosecution’s case against you. Possible violations include denied access to legal representation or the use of excessive force.

Errors in testing or analysis

Drug testing methods are not infallible, as errors can occur during the process. As a result, challenging the reliability or accuracy of the drug test results could potentially weaken the prosecution’s case.

Remember, every situation is unique, and the effectiveness of these defenses may vary depending on the circumstances. However, understanding your rights can help you better navigate the charges against you.