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5 Useful Defense Strategies for Drug Possession Charges
When charged with drug possession, be it with an intent to distribute or for personal use, it’s essential to look into the most effective defense strategies a drug crime lawyer from San Diego would apply in your case. Depending on the exact circumstances of your case, one type of defense might be better suited than another. The only way to determine the best possible path is to know what the most commonly implemented defense strategies are for drug cases.
What are some useful defense strategies in drug possession cases?
Some defense strategies for drug charges target errors in procedures. Others go after charges for drug possession under affirmative defense, while some of them focus on challenging the issues present in the chain of custody. However, not every defense is applicable to all cases, which is why you need to know more about the most useful ones:
Unlawful search and seizure
It’s only legal in the United States and California to search an individual’s property or body under a set of circumstances. That’s what makes this one of the most common and effective defense strategies in drug cases.
For example, a member of the law enforcement can seize evidence found in plain view and use it in the court. In drug cases, this usually involves the presence of drugs that the police officer can see on the dashboard of a car.
However, if the police officer opens the trunk of the car without permission and in a situation that doesn’t tick all the necessary boxes, finding the drugs can be contested in court under unlawful search and seizure, eliminating said found evidence from the trial.
Drugs don’t belong to me
Another common argument found in drug cases is the defendants claiming the drugs aren’t theirs or that they had no idea of the drugs being in their possession. This form of defense usually rests on establishing reasonable doubt that the defendant knew about the drugs in the first place. However, this can be a difficult defense to successfully perform, which is why you need an experienced attorney at your side.
Analysis in a crime lab
Not all evidence the prosecution brings to light is real. Simply because a substance looks like LSD or cocaine doesn’t mean it actually is. It’s up to the prosecution to prove the chemical composition of a certain substance by sending all the gathered evidence to the crime lab for detailed analysis. If there are any issues, the defense can use them to your advantage.
Problems with the chain of custody
Another common defense strategy is calling into question whether or not the drugs presented in court are the same drugs the police seized from the defendant. The usual name for this method is attacking the chain of custody in an attempt to prove that the drugs weren’t handled properly and that, as such, are not usable in the court of law as evidence.
Entrapment is an event where an informant or a police officer entices the defendant to commit an offense or a crime they otherwise wouldn’t commit. If this happens, the defense can claim entrapment, which is another common and effective defense strategy.
Which drug crime lawyer in San Diego should I hire to defend me?
When you’re charged with one of the common drug-related offenses, reacting fast is essential for improving your chances of a favorable outcome. Besides looking into some solid defense strategies that could help you, don’t forget to learn more about the drug charges you’re facing and collect all the vital information that could help you. Most importantly, immediately hire a reputable drug crime lawyer to help you with your case.
If you’re unsure where to find an experienced legal representative in San Diego, know that you can always turn to Monder Criminal Lawyer Group. It doesn’t matter if you’ve been caught in possession in Ocean View Hills or another part of the city, we’ll assess all the details of your case and formulate a strong defense strategy designed to ensure a favorable resolution to your case. Reach out to us today and let’s see what we can do for you!