If you are charged with possession of an illegal substance, you may be concerned about what the future holds. Criminal defense attorneys help defend against drug charges. The defense strategy used in your case will depend on the facts surrounding your arrest, your criminal history and the quantity and type of substance allegedly in your possession.
Common defenses in drug-related crimes often relate to the violation of constitutional rights. Under the Fourth Amendment of the U.S. Constitution, you are protected from illegal searches and seizures by law enforcement officials. That means that if an officer searches your property without consent, a warrant or probable cause, any evidence of drug use may not be admissible in court.
Another defense is that the drugs in your possession did not belong to you. For example, if someone else had drugs in your vehicle, your attorney may argue that prosecutors have no way of knowing the drugs belonged to you and not the other passengers in the vehicle.
In order to convict you for drug possession, prosecutors must also prove that the substance seized from your property was in fact an illegal substance. The substance must be sent to a crime lab and the analyst must testify as to what the substance is.
Being charged with either misdemeanor or felony drug possession can be devastating and can significantly impact your future. It is important to get a thorough evaluation of the facts surrounding your case. Doing so may be the key to getting a positive resolution to your case.