Drug possession criminal charges are extremely serious, as a conviction could result in community service, fines, probation and/or a long prison sentence.
If you’re facing criminal charges related to drug possession, it’s best to quickly formulate a plan for protecting your legal rights and hopefully avoiding a conviction in court.
The circumstances of your arrest have a lot to do with the defense strategy you employ, but these three are always worth your consideration:
- Unlawful search and seizure: Make note of how the drugs were found and if your legal rights were violated along the way. For example, if a police officer removed you from your vehicle, broke into your trunk and found drugs there, they may not be permissible in court.
- The drugs did not belong to you: Make the prosecution prove the element of willful possession. You can do this by arguing that the drugs belonged to someone else, such as a visitor to your apartment or passenger in your vehicle.
- The drugs were planted: It’s a challenge to prove, but if you have reason to believe the drugs were planted by someone else, such as a police officer or an acquaintance, gather evidence to back up your claim.
Don’t assume that drug possession criminal charges will automatically result in a conviction. If you give in and simply hope that things work out, you are likely to be disappointed with the end result.
You’re innocent until proven guilty, so decide on a drug possession defense strategy that positions you to protect your rights with the goal of avoiding a conviction and punishment.