After an arrest for drug possession, you need to take decisive action to prepare your defense. It may be possible to present compelling evidence that will merit dismissal of the charges or an acquittal if a case proceeds to trial.
There are a few different strategies that defendants can use to defeat charges for possession of a controlled substance. For the most part, defendants should focus on challenging the lawfulness of a search and casting doubt on the prosecution’s presentation of evidence showing individual elements of criminal possession.
Invalidate law enforcement’s action against you
There are limitations on when a law enforcement officer can search your person, car, or home. If an officer does not have reasonable cause to search, a search may have violated your constitutional rights or run afoul of other or important state law.
Disprove elements of a crime
In a criminal case, the prosecution has the burden of persuading a judge or jury that each specific element of a crime took place. It is not enough for the prosecution to prove that most elements took place. Casting doubt on a single element will compromise a prosecutor’s case against you. If a prosecutor must show that you had knowledge that a controlled substance was in your possession, for example, you may be able to defeat charges by undermining evidence about your knowledge.
Ultimately, you should consider every available avenue to prevail in a criminal trial for drug charges. You must mount a strong defense supported by substantive evidence.