Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws vary by state and individual circumstances. For advice about your specific situation, please consult a qualified criminal defense attorney.
According to the US Sentencing Commission, 18,150 drug cases have been reported in fiscal year 2024. In addition, 98.3% of those were drug trafficking offenses.
One of the most critical factors in dealing with drug charges is understanding the possible defenses. Challenging the legality of a search and seizure is just one of the many strategies that you may have available.
According to drug crime lawyer Jacqueline Goodman, a conviction may bring severe and everlasting consequences, including jail time, hefty fines, and a mark on your criminal record. Hiring a skilled attorney with experience and a thorough understanding of the law can help mitigate this.
Let’s look at the different strategies lawyers implement to lessen or throw away drug charges.
Challenging the Legality of Search and Seizure
One of the most effective defenses against drug charges is challenging the legality of the search and seizure that formed the basis for such evidence.
Officers are bound to specific protocols during evidence collection. If there is no probable cause and no warrant is issued, or if they have overstepped their boundaries, the evidence becomes inadmissible and significantly weakens the prosecution’s case.
You need to get every detail of the search. Was it an arbitrary stop, or was there a good reason for them to stop you? You deserve the same rights as everyone else to have your legal matter treated fairly.
The flaws of a criminal defense case can be exposed when you know how to exercise your rights, which could significantly affect the outcome.
Demonstrating Lack of Knowledge or Intent
Another good way to defend yourself is to argue a lack of knowledge or intent related to the substances. You might claim you didn’t know they were there or that they belonged to someone else.
Unawareness of the drugs or even the intention not to possess them strengthens your legal matter. Always remember that the prosecution must prove you knowingly engaged in illegal conduct. Your own presumed innocence can make it harder to convict you.
Asserting Entrapment
Entrapment means that the police pushed you into doing something you would not otherwise have committed. If you can prove that the police coerced or deceived you into committing activities with drugs, you might have a strong case.
You need to gather evidence in the form of communications or witness statements showing that this manipulation took place. In demonstrating your case, you will have to show that you were not the one committing criminal acts and that you were instead caught in a vicious circle of circumstance.
If you make a case for entrapment, all focus will cease to be on your acts and will, instead, shift toward those tactics employed against you by the police. This outcome can lead to the reduction or dismissal of your charges.
Presenting a Medical Necessity Defense
Mounting a medical necessity defense is a viable way to run your case, as it contends that you used the substance to treat a legitimate medical condition. If you can prove that the drug was necessary to sustain your health and that there were no legal alternatives available, you should have a good defense.
Gather your medical records, notes from your doctor, and any related prescriptions that will help you prove your case. You must demonstrate that your actions were not taken for recreational purposes but rather by serious need. This will not only strengthen your legal matter but also demonstrate your commitment to your health and well-being.
Utilizing a Viable Alibi Defense
Strong alibis can significantly enhance your defense against drug charges. An alibi claims that you were absent at the time the alleged crime was committed.
To defend oneself, one must provide proof of one’s whereabouts at the time, such as receipts, video recordings, and witness testimony. Speak to everyone who may be able to support your testimony. Present it as quickly as possible, in your legal matter, for charges might be lowered or dropped altogether.
Hire the right lawyer to assist you during this difficult time, who can help have the charges against you dropped using one of the defense tactics mentioned above.
