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4 Defense Strategies for Drug Possession
Facing any type of criminal legal action against you is difficult, especially if you’ve been acting in your best knowledge of the law and have been caught off guard with possession charges. First, you need to ensure the best possible legal representation by hiring an experienced drug possession lawyer in San Diego, CA. Then, it’s important to become familiar with the most effective defense strategies for drug possession charges.
How can I defend against drug possession charges?
There are several potentially effective defense strategies your lawyers could advise for your case depending on the characteristics of your charges. It’s worth noting that not every single one of the following strategies is applicable to every single case, it’s still important to know what they are and how you could defend yourself against drug possession charges.
No possession
Lack of possession is among the most commonly implemented defense strategies in drug possession cases. You can only receive a possession charge if the police can provide evidence and the court can prove beyond reasonable doubt that you were actually in constructive, shared, or actual possession of any illicit substances.
For example, if the police search your car and find marijuana or cocaine underneath the seat it’s a viable strategy for your defense to argue that the drugs belonged to one of your previous passengers and not you, effectively eliminating any control you might have exercised over the drug in question.
Prescription
You cannot be liable for illegal drug possession charges and penalties if you have a valid written prescription for the controlled substance found in your possession. In order for the prescription to hold up in the court of law, it has to be from a licensed:
- Podiatrist
- Dentist
- Physician
In order for the court and the prosecution to successfully sentence you for drug possession, they have the burden to prove beyond any reasonable doubt that you actually didn’t have a valid prescription for the controlled substance in question.
Unlawful seizure
The Fourth Amendment states that all individuals have the right to be completely free from any and all unreasonable “search and seizure” procedures by members of the law enforcement. This means that the authorities cannot obtain any controlled substances through unlawful search of your property and seizure of a controlled substance since that kind of evidence can receive an exclusion from the case, meaning it will get dismissed.
Medical exception
Finally, it’s becoming more and more common for individuals to argue their use of medicinal marijuana if found in possession of this substance. Medical marijuana is legal in the state of California and you can easily argue this in court barring an excessive amount of the substance you could use for further financial gain.
Which drug possession lawyer in San Diego, CA can defend me in front of the court?
Preparing an effective and comprehensive defense strategy for your drug possession case is essential for ensuring a favorable outcome. However, also explore the potential punishments for drug possession and see what the law surrounding controlled substances in California is to understand the different types of possession you can be charged with. Most importantly, know that your defense is only as good as the lawyer representing you.
This is why you should only rely on experienced experts from Monder Criminal Lawyer Group. We’re here to provide aggressive legal representation, protect your best interests in court, and do everything in our power to make sure you receive a positive outcome. It doesn’t matter if you’ve been caught in possession of a controlled substance in Shelltown or another area of San Diego, you can count on our assistance throughout all the steps in your proceedings.
