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What’s the best drug possession defense strategy?

If you're charged with possession of drugs, regardless of the quantity and type, you should immediately learn more about your legal rights and potential consequences. Depending on the exact charges, it's possible that a conviction could result in a large fine, community service and/or imprisonment.

Fortunately, there is more than one drug possession defense strategy to consider. These four are among the most common:

  • The drugs belong to someone else: For example, if police find drugs in your car, you can argue that they belonged to a passenger, not you. This isn't always an easy stance to defend, but it's a possibility to consider based on the details of your case.
  • Unlawful search and seizure: The Fourth Amendment protects you against unlawful search and seizure. This is one of the most common drug possession defenses, as police don't always follow the law in regard to how they conduct a search. For instance, it's legal to seize drugs during a traffic stop if the officer sees them in plain view. However, if the officer opens your trunk without permission, any evidence that's found can't be entered.
  • Entrapment: Law enforcement officials often set up sting operations with the hope of catching someone committing a crime, such as selling drugs. While this is legal, it's illegal for a law enforcement official to pressure someone to commit a crime they otherwise would not have committed.
  • Missing drugs: It's not a given that the drugs seized are still in existence. The drugs could have gone missing for a number of reasons, such as mishandling at the crime lab. If the actual drugs aren't available, it could lead to a dismissal of your case.

There is no way of saying which drug possession defense strategy is best, as this depends on the details associated with your crime and arrest.

If you're facing drug possession charges and have concerns about the impact of a conviction, you should learn more about each defense strategy and how to best protect your legal rights.

With the right strategy guiding you and your legal team, you'll have more confidence as you move through the court system.

For more information on drug-related crimes, browse the many pages of our website and blog that discuss this subject matter.

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Robert D. DiDio
& Associates

8002 Kew Gardens Road
Suite 307
Kew Gardens, NY 11415

Phone: 917-300-0984
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