Possible Defenses to Drug Possession
Admin • March 24, 2019
You don't deserve to go to jail for drug possession just because the police found some illegal drugs on your property. What if the drugs weren't yours or the police bungled up their investigations? Here are some of the viable defenses that may apply to you if the police charge you with drug possession.
Illegal Search and Seizure
Except for a few cases, the police don't have the authority to enter your property (say a car or house) to look for criminal evidence. The police must either have a probable cause or a search warrant from a judge.
Therefore, if the police didn't have a warrant or a reason to enter your house in the first place, you can defend yourself with an illegal search and seizure claim.
Keep in mind, you may need a lawyer to help you prove that your case doesn't fall among the exceptions granted by the government to the police in such cases.
Coercion
Coercion (or duress) is a defense used in various crimes, and you can also use it to defend drug charges. The defense applies if someone uses actual force or the threat of force to make you commit a crime. You may have to prove that you had a reasonable fear for your life, the threat was immediate, and you couldn't escape the threat.
For example, the police may be after your cousin whom they think is a drug dealer. Your cousin, who lives next door, bursts into your house, hides a packet of drugs under a loose floorboard, and threatens to stab you with a knife if you talk to the police. In such a case, you can use coercion to defend yourself if the police find the drugs.
Unwitting Possession
Unwitting possession applies if drugs were found on your property or person, but you were unaware of the drugs. For example, your brother may give you a package to deliver. If the police stop you and discover drugs in the package, you can use unwitting possession to avoid a conviction.
Drug Overdose Immunity
Some immunity from drug possession charges exists under certain circumstances. A classic example is drug overdose immunity. The law recognizes that a drug overdose can cause permanent injuries or even death. This immunity, which may provide some protection to the individual reporting the overdose, was created to encourage people to seek medical assistance when needed.
For example, if someone is about to suffer drug overdose in your car and you call the emergencies for help, the authorities may not prosecute you for drug possession. However, you may need to prove that you didn't use the drugs or supply the user with the drugs to succeed with this defense.
Missing Evidence
If the police charge you with drug possession, they need to produce the actual drugs they arrested you with as evidence during your trial. The government requires this as confirmation that you did possess the substances with which the police arrested you, and the substances are drugs. Missing evidence can weaken your case or get the court to dismiss the case.
Lack of Ownership
You may also be able to escape a drug conviction if you can prove that you didn't own the drugs that led to your arrest. The defense may apply, for example, if the police find drugs in a common area of a shared apartment and arrest you for the drugs. Another example is when the police arrest you for drug possession after they find drugs in a car with multiple passengers.
Drug charges are serious and can send you to jail for many years. Contact
David Naumann & Associates for help as soon as possible if the police arrest you for drug related charges. We will analyze your case and apply the most appropriate defense.
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