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What are the defenses to drug possession charges?

Drug laws around the country change frequently, and in order to know how the laws affect you it is important to keep up with the changes that are taking place. If you are charged with a drug crime, you want to know what the laws are regarding the charges against you, and whether there is any opportunity for a defense. Most people think there is no real defense that can be used for charges such as drug possession, but that is not necessarily the case. There are some defenses that may be able to be used, and having an attorney to help you craft your defense can give you a better chance of being successful.

Possible Defenses To Drug Possession Charges

One defense to these charges involves unlawful search and seizure. If your home, car, or person was searched without cause or improperly you may be able to get the charged reduced or dropped, even if drugs were found. If you had other people with you, you can also argue that the drugs belonged to another person. Prosecutors must also be able to produce the drug they say was found, and a crime lab analysis must show that it was actually the drug you were charged with possessing. The drugs being planted, and entrapment are also possible defenses for drug possession charges.

The Type Of Defense Depends On Several Factors

The type of defense will depend on the type of drug you had in your possession, as well as the amount of that drug you were found with. Additionally, the potential punishments for people with your charges and the prosecutor's willingness to arrange a plea agreement for you all matter. Some prosecutors are more likely to work with a plea, while others are not interested in allowing you to plead to less charges in a drug possession case. Most of the time, that willingness is dependent on how much of a drug you had with you, what kind it was, and whether you have past drug offense convictions.

Talk To An Attorney Who Can Help You

Before you talk to the police, make sure you talk with an attorney. That way you can protect your rights more easily and reduce the chances that you will say something or agree to something that could make it more difficult for you. If you are not completely clear on the laws regarding drug possession, you may not understand all the implications of talking to police, which could harm your case. By reaching out to an attorney first, you will have a legal advocate on your side right away, and the best chance to defend yourself against the drug possession charges.

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Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

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