Defenses exist to drug possession charges, but the defenses that apply to a particular case will greatly depend on the facts of the relevant matter. Not all defenses apply to all cases. Here we will discuss several general drug possession defenses that may be used as an introduction to this otherwise complex area of criminal law.
A person facing drug possession charges may be able to have their legal matters thrown out if they are able to show that the search and seizure procedures used to collect evidence against them and place them under arrest violated the law. For example, without proper suspicion and legal cause, a law enforcement official may not search the closed compartments of a driver’s car for a simple traffic stop. Police officers must act in accordance with the law when making drug possession arrests.
Additionally, a drug possession defendant may have a defense to their charges if they can show that a drug analysis of the substance taken from them is not illegal or in violation of the law. One of the elements of a drug charge is that the drug in question is actually illicit. If a defendant was not in possession of an illegal substance, their charge may fall apart due to a failure of the prosecutors to prove their case.
Other defenses, such as entrapment and drug planting, exist as well and, as indicated earlier in this post, individuals facing drug possession charges should carefully craft their criminal defense strategies to make them tailored to their own unique individual case. Although not every case may be subject to defenses, it is important for all criminal defendants to understand their rights and options for pursuing their freedom.
