When facing charges related to drug offenses, certain legal defenses can protect your rights. These defenses can also secure a fair outcome for your case.
In order to fully understand the legal process, you should be aware of common defenses used during criminal cases.
Lack of knowledge
It is sometimes possible to prove the accused had no knowledge of the drugs’ presence. This defense establishes that the person was unaware of the illicit substances. Establishing this lack of awareness can weaken the prosecution’s case, especially if law enforcement found the drugs in a shared space or vehicle.
Illegal search and seizure
If law enforcement obtained evidence against someone through an illegal search, it might not hold up in court. This defense argues that the search violated the accused person’s constitutional rights, rendering any seized drugs inadmissible. Consider that the Fourth Amendment protects individuals from unreasonable searches and seizures.
Prescription medication defense
Individuals can also defend themselves by providing a legitimate prescription for the drugs in question. Some drug charges arise from the possession of prescription medications without a valid prescription. This defense emphasizes the legal and authorized nature of their possession.
Crime lab analysis disputes
Challenging the results of drug tests conducted by crime laboratories is another avenue for defense. Errors in testing procedures, mishandling of samples or contamination issues may compromise the accuracy of the results. Disputing the reliability of the crime lab analysis can cast doubt on the evidence presented by the prosecution.
In certain cases, law enforcement officers may use entrapment to induce individuals to commit drug-related offenses. Accordingly, the entrapment defense argues that law enforcement might have coerced the accused person to engage in illegal activities.
According to the Federal Bureau of Prisons, 44.4% of inmates are in prison because of drug offenses. With the right legal defense, it is possible to mitigate the consequences of a drug conviction, or potentially even have the charges overturned.