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If you’ve been charged with a drug crime or other criminal offense, speaking with a criminal defense attorney early on is important. The right strategy depends on your situation, and an experienced drug crime lawyer can help you review your options.
Below, our friends at Lai & Turner Law Firm PLLC discuss common legal defenses that may apply in drug-related charges.
Unlawful Search And Seizure
A common and valid defense for drug crimes is that the drugs were found without law enforcement following proper legal procedures. If they did not follow proper procedures when conducting a search, the court may rule the evidence inadmissible. For example, if an officer searched a home, car, or person without a warrant or valid exception, that search could violate the Fourth Amendment. Without admissible evidence, the prosecution may have a much harder time proving the case.
Lack Of Knowledge Or Intent
In some cases, a person may not have known they were in possession of an illegal substance. This often comes up when drugs are found in shared spaces, such as a car or home with multiple occupants. Proving that someone knowingly and intentionally possessed the drugs is required for a conviction. If there’s reasonable doubt about knowledge or intent, the charges might be reduced or dismissed.
Chain Of Custody Issues
Once drugs are seized, law enforcement must maintain a clear and accurate record of who handled the evidence. Any gaps, errors, or inconsistencies in the chain of custody can call the integrity of the evidence into question. When confiscated drugs have been mishandled, contaminated, or switched, the accused may have a defense against some or all of their charges.
Substance Was Not Illegal
It’s not uncommon for a substance to be mistaken for an illegal drug. Lab testing is necessary to confirm the chemical makeup of the material in question. If the substance turns out to be legal or if testing procedures were flawed, it could be grounds for a case dismissal.
Entrapment
Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If an officer pressures, persuades, or deceives a person into participating in illegal activity, and that person would not have acted without the officer’s influence, entrapment might be a valid defense.
Medical Or Legal Exception
Depending on the state and the specific substance, there may be valid medical or legal exceptions for possession. For example, a valid prescription or a medical marijuana card could change the nature of a drug charge. While this doesn’t apply in every situation, it’s something that should be reviewed.
Drug charges are serious, but there are several possible defenses that can make a meaningful difference in the outcome of a case. Every situation is unique, and the strength of a defense depends on the facts and evidence involved.
It is recommended to enlist the help of a trusted criminal defense attorney who can help you understand your legal rights. If you are facing a drug-related charge, the sooner you reach out for support, the better.
