You can feel overwhelmed by stress when you’re facing drug-related criminal charges. However, you should keep in mind that you have rights and the idea that you’re innocent until proven guilty is the foundation of our criminal justice system. There are several defenses you may raise against drug charges. Here are three potential approaches to your case.
1. Your constitutional rights were violated
The Fourth Amendment prohibits government actors from performing unreasonable searches and seizures. If drugs or other evidence of suspected criminal activity was found as part of an illegal search, it could not be used against you in court.
The police need a valid reason to perform a search of yourself, your vehicle, or your home. In some cases, law enforcement will need a warrant to perform a legal search. Without probable cause or reasonable suspicion, a search violates the Fourth Amendment.
2. The drugs weren’t yours
It’s possible that a bag of drugs fell out of a person’s pocket when you were giving them a ride. You may have had prescription pills in your possession because you were caring for a loved one following a medical procedure.
Whatever the circumstances surrounding your situation may be, if the drugs weren’t yours, you can establish this as part of your defense. You will need some stronger evidence than your say so to back up your claim. Copies of medical records or eyewitness accounts can help bolster your case.
3. You had legal possession of the drugs
You might have a prescription for medical marijuana. You could have a prescription for opioids or other prescription pain pills. If the police failed to recognize your legal right to possess the drugs in question, you could have a strong defense.
Of course, there are numerous other defenses you may be able to establish. A skilled criminal defense professional can help explore all of your options and determine the best path for moving forward with your case.