Facing accusations for a drug-related crime can be extremely intimidating. Perhaps you were pulled over in a routine traffic stop and following an open-air search by a K-9 unit, found yourself facing drug charges. You may have been unaware that there were drugs inside your vehicle at the time. Regardless of the circumstances of your arrest, you may soon need a strong defense strategy.
Concerning drug crimes, accusations alone can affect you in numerous ways. A conviction can be even more devastating, with many cases resulting in lengthy prison terms. You may be wondering how you can protect major areas of your life from being impacted by the coming process.
Common strategies to challenge drug charges
No matter the criminal charges you are facing, you always retain the right to seek legal counsel for assistance in the process. A strong defense strategy can evaluate specific defense options that may be crucial during your proceedings, such as:
- Search procedure: Since the U.S. Constitution guarantees you the right to due process, examining the procedures used in your search and subsequent arrest is imperative. If a violation of your rights occurred in the process, your charges may be dropped accordingly.
- Ownership: In order to obtain a conviction, prosecutors may need to prove that you were the owner of the drugs involved. For example, if you had passengers in your car at the time of arrest, the drugs may have belonged to one of them.
- Analysis: Authorities must send the narcotics in question to a lab for analysis. There are various substances that may look like drugs, but a test must prove their validity.
- Evidence: The drugs that you were allegedly in possession of at the time of your arrest must be present at trial or there could be a dismissal of your case.
- Planted evidence: Although rare, this scenario is not unheard of. If you believe that authorities planted the evidence, your attorney can file a motion for the release of all relevant information.
- Entrapment: If another individual pressured you into passing drugs to a third party, you could have been the victim of entrapment if that individual was an informant or undercover officer.
If authorities arrested you for possession of marijuana, a dismissal of your case could potentially result from sufficient evidence of a medical need that required the drug. Depending on the state, you may need to provide a recommendation for medical use from a doctor.
Where can I turn for guidance and assistance?
Staring down accusations for drug crimes can be stressful and intimidating. Since the process of challenging charges is complex, you may seek advice from an attorney with experience in defending such allegations. A defense attorney in California can examine all evidence, along with the procedures used during your arrest, and advise you on the best course of action to take. A strong defense may go a long way in getting your charges reduced, and in some cases, dropped altogether.