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Drug Possession Defenses in San Diego
There are many potential drug possession defenses available that an experienced San Diego drug crimes lawyer can exploit if a person is charged with either simple drug possession, or possession with the intent to sell, so let’s take a closer look at some of them.
Unwitting and momentary possession
These are the simplest of drug possession defenses. Unwitting possession means that the person being charged with possession had no knowledge of the drugs being in their presence. Depending on the experience of the lawyer, this defense can be more or less productive.
The example of this type is the instance of a defendant borrowing another person’s car, but possessing no knowledge of any illegal substances being in the vehicle.
Momentary possession is the instance where the defendant claims he was in possession of drugs for only a brief period of time, and that he or she wanted to dispose of the substances, not sell them.
The role of a criminal defense lawyer is to establish preponderance of evidence, in order to provide proper defense to the client.
Lack of intent
When charging a person of drug possession with the intent to sell, it can be difficult for the prosecution to prove that intent. That is why many drug possession defenses try to disprove the existence of intent.
If there is no clean confession by the defendant, the prosecution usually have to use circumstantial evidence to prove intent. When using this strategy, criminal defense attorneys argue that there was no intent to sell, and that the drugs were for personal use only.
Abuse of power
Sometimes, police officers overstep their boundaries when trying to do their job, which can mean a great case for the defendant.
When it comes to drug possession defenses, defense can argue that the police planted the evidence, employed an illegal surveillance method, performed illegal seizure or search, or that they threatened the defendant, or the witnesses. Also, excessive use of force or pressure is considered abuse of power as well.
Crime lab Analysis
If the defense need more time to prep the case and find a good angle for making their case, they can buy more time by demanding a lab analysis of the substances found in defendant’s possession.
Just because a substance looks like an illegal drug, doesn’t necessarily mean it truly is. So, the drugs have to be sent to a crime lab, and analyzed there. Then, a representative of the crime lab has to testify in front of jury, and only then can the prosecution make their case.
Sometimes, a case can be dropped due to missing evidence. And, because of the nature of handling confiscated illegal substances in drug possession cases, this can also be among the best of drug possession defenses.
Because seized drugs are transferred several times before they find their way to the evidence locker, it is possible for them to get lost in the process. And, if the prosecution lack evidence, it should be very easy for a skilled criminal defense attorney to get the case dismissed.
The police are allowed to set up different types of sting operations in order to capture individuals that are suspected of distributing illegal substances. However, there are some limitations when it comes to these operations.
Entrapment occurs when an informant of the police induce the suspect into committing a crime that would otherwise never have been committed. Entrapment usually transpires in operations where the drugs in question are produced by the police, in order to catch and charge a suspect.
Similar to the abuse of power take on the drug possession defense, this is also an instance where the defense tries to question the actions of the police during the arrest. If the defense can prove that the drugs were planted by the police, the case will be dismissed immediately.
However, this is extremely difficult to prove, and should only be implemented as a last resort when it comes to drug possession defenses. Sworn testimonies of police officers carry a lot of weight, and there is little to no hope of other police officers blowing a whistle on their colleague.
Finally, if found in possession of larger quantities of marijuana, it is possible for the defense to argue medicinal use. However, this type of defense is only applicable in those states where marijuana has already been made legal, and it requires a signed recommendation of a doctor.
We know all the best drug possession defenses
And we can implement them in the best way possible. Vik Monder and Monder Criminal Lawyer Group are experts when it comes to providing the most adequate defense in drug possession cases. We will carefully consider all the aspects of the case, choose the best course of action, and defend you impeccably. Contact us today if you need assistance.