Drug possession charges are difficult to deal with and might lead to severe punishment if you are found guilty. It is important to have the right defense strategy to help you overcome the charges. Attorneys use different defense mechanisms when defending their clients against drug possession charges.
The basic strategy used by most attorneys is to put the onus on the prosecution to bring forward proof. The prosecution must establish beyond all reasonable doubt that the defendant was in possession of an illegal substance. The defense may argue that the law enforcement agencies did not follow the due process of law. In case the search and seizure warrant was not according to the law, the defense might ask for the case to be dismissed. To recover drugs from concealed locations, law enforcement officers must ask for the owner’s permission, or have a search warrant. Drugs placed in plain sight can be seized without permission of the owner. The defense may also argue that the defendant had no prior knowledge of the drugs being where they were found.
The chain of custody plays a vital role in the outcome of drug possession cases. Defense attorneys always try to question the chain of custody of evidence and scrutinize it in court. The drugs found on the defendant are usually transferred from one person to another before entering the evidence room. Even slight mishandling of the substance could lead to the case being dismissed. States that allow the use of marijuana for medical purposes require the defendant to bring forward evidence of medical necessity.
Being charged with drug possession is difficult to deal with. You could face jail time if found guilty, so you might want to consider discussing your situation with an experienced defense attorney. The attorney will explain all your options and come up with a suitable defense strategy.