Drug charges range in severity from manufacturing and possession with intent to distribute to simple possession for personal use. As social attitudes about drug use have become more lenient, people may mistakenly assume that lenience has also become the status quo in the criminal court.
However, the uncomfortable reality is that the laws criminalizing drug use and possession do not change nearly as quickly as social beliefs might. People accused of drug possession face numerous potential consequences, including incarceration, probation and fines. They may also have a permanent criminal record.
Those accused of drug possession who don’t want their charges to define the rest of their lives may need to look into ways to fight those charges. The following are some of the strategies people use to counter pending drug possession charges.
Asking to exclude certain evidence
Police searches often precipitate drug charges. Officers enter an apartment, search a vehicle or pat an individual down and find drugs. What they find during that search becomes the main evidence against the person accused. When police officers conduct illegal searches and violate the civil rights of individuals, defense attorneys can exclude the evidence found during those searches from criminal trials. Doing so may make it much easier to beat the charges or may result in the state dismissing them entirely.
Proving the drugs belonged to someone else
Some drug possession charges arise from constructive possession allegations. Police officers reach the conclusion that the defendant had control over the drugs and knowledge of them after finding them in a communal location like an apartment. In such scenarios, it may be possible to use forensic evidence, prior criminal records or confessions to establish that another party actually possessed the drugs.
Questioning if the item in question was a drug
Police officers might rush to the wrong conclusion when trying to build a criminal case. For example, they may see baking powder or salt in small containers and assume that the substance is a prohibited drug. In some cases, laboratory testing may produce inconclusive results. Other times, labs may not find any clear evidence of the presence of prohibited substances. Particularly when the police department assumes an item is a drug without chemically analyzing it, conducting testing could help exonerate the defendant.
There are other viable defense strategies, such as requesting adjudication in the drug courts in lieu of a criminal trial. Discussing the circumstances that led to drug possession charges with a skilled legal team can help defendants decide how to respond. Many times, those with legal support can avoid a conviction with the right strategy.