There are several potential defenses against drug possession charges. Lack of possession, entrapment, and unwitting possession are the most common defenses. While it’s important to hire Drug Possession Defense Lawyers when facing charges, defendants should learn whether any of these defenses may apply to their cases.
Lack of Possession
Lack of possession is one of the most frequently used defenses. It may seem nonsensical for a drug defendant to use the denial defense, but it happens quite often. This defense is raised when the prosecution has difficulty proving that the defendant had constructive possession of an illegal substance. For instance, if drugs are found in a car containing several passengers, it may be difficult to accuse a specific person of possession. Therefore, a lawyer could use the lack of possession as a criminal defense.
Entrapment and Abuse of Authority
Another defense occurs when a client claims that the police abused their authority in finding the drugs. Planting evidence is a well-known example, but abuse of power can come in other forms, such as illegal searches and seizures, illegal surveillances, or threats against witnesses and others. Another abuse of police power is entrapment, which occurs when a person is compelled to buy drugs when they would not otherwise have done so.
A possible defense against possession charges is that of unwitting possession. In such cases, though a person may actually possess drugs, they cannot be found guilty because they were unaware of the drugs’ presence. For instance, if someone mails a package containing drugs, the postal worker could not be held liable for possession. This defense can be raised in constructive possession cases where the police would find it hard to determine who possessed the drugs.
Attempting self-representation can be dangerous in drug possession cases. Drug penalties can be very severe, and they may lead to lifelong consequences. Defendants should consult Drug Possession Defense Lawyers as soon as possible after the arrest. When facing a prison sentence related to drugs, it’s important for a client to have the help, skill, and legal advice of an attorney from Addair Thurston Chtd.