Drug possession is one of the most frustrating and dangerous varieties of non-violent charges a person may face. Even in California, which has famously relaxed laws regarding certain drugs, drug possession can still land you in serious trouble if they lead to a conviction. With a drug conviction on your record, you may have a much more difficult time finding work or securing a place to rent. It is vitally important to fight any drug possession charge with every tool at your disposal — you are quite literally tithing for your own future.
A skilled attorney can use many aspects of the law to fight for you and your rights. One common defense against drug possession charges, although one that may be somewhat costly in some circumstances, is insisting that the physical evidence against you be laboratory tested to determine whether or not it truly is the drug referenced in your charges. While this may seem unwise when the charges involve something easily identified like marijuana, it can be especially useful when your charges involve drugs in pill, powder or crystalized forms.
Insisting on laboratory testing accomplishes two avenues of defense. Firstly, it requires the prosecution to physically produce the drugs they charged you with possessing. If the cannot produce the evidence, a conviction is unlikely. However, when you send evidence to be tested, the results may differ from the charges, weakening the case if the officer who issued the charges misidentified the substance. Also, there is always the small chance that the evidence will be lost in the process, creating more difficulty for the prosecution, and a skilled attorney may be able to contest laboratory results even if they seem to be conclusive.
With some creativity and determination, an experienced attorney can almost always find more avenues to build a defense than you might expect. With proper legal guidance, you can rest assured that your rights remain protected as you fight for your future.
Source: Findlaw, “Drug Possession Defenses,” accessed March 31, 2017