Strong Defenses Against Drug Possession Charges
A drug possession crime is when a person is willfully in possession of illegal substances. These substances include heroin, cocaine, methamphetamine, and marijuana. According to the Department of Justice, more than 80 percent of all drug-related arrests in the U.S. are associated with drug possession.
Moreover, most of the arrests are for the possession of marijuana. If you have been arrested on a drug possession charge, there are several defenses that you can raise to have the charges reduced or dropped.
1. Unwitting Possession
One common defense against drug possession charges is unwitting possession. In such a situation, though you may be in possession of the drugs, you cannot be found guilty because you didn't know that you had the drugs. For example, when a person gives a messenger a parcel that contains drugs and tells them to deliver it to a particular address, the messenger cannot be held accountable for drug possession.
Unwitting possession can also be raised as a defense if you're charged with constructive possession. For example, if the police search your house and find drugs that you didn't know were there. In such a scenario, your lawyer can raise the unwitting defense against the charge of constructive possession.
2. Unlawful Search and Seizure
According to the Fourth Amendment of the U.S. Constitution, you're protected from search and seizure procedures. Police officers can only conduct searches and seizures if they have probable cause. Unlawful search and seizure are often used as a drug possession defense.
Illegal drugs found in plain view, like in your car's dashboard during a traffic stop, can be used as evidence. However, drugs found in the trunk of your car after forcing it open with a crowbar, cannot be accepted as evidence. Therefore, if your Fourth Amendment rights are violated, the drugs found in your possession cannot be used in your trial. This means the charges against you will be automatically dismissed.
3. Drugs Were Planted
Planting evidence is an offense under California Penal Code Section 141 PC. Police officers are notorious for planting drugs, so they may have a justification for arresting their targets. It can be difficult to prove
that a police officer planted drugs in your house or car. However, your lawyer can file a motion to obtain a record of the police officer.
If the police department has received numerous complaints about a police officer's tendency to plant or tamper with evidence, this can be used in your favor. Additionally, if you're not a drug user, this can further strengthen your claim. Your lawyer has to prove that the officer planted the evidence intentionally in order to have you charged with drug possession.
4. Lack of Possession
This defense is used when it's hard to prove the "dominion and control" element for constructive possession. With the dominion and control element, the prosecution needs to prove that you had the intent or ability to control the illicit drugs. The defense of lack of possession is common when illegal drugs are found among a group of people.
For example, if a police officer stops a car with several people, it would be difficult to charge one person with drug possession. Dominion and control is required to prove possession. Therefore, the denial of dominion and control is essentially a lack of possession defense.
It's essential to maintain legal counsel if you're facing charges for drug possession. With many years in criminal defense, you can count on the Law Office of Ralph Torres to have the charges against you reduced or dropped. Contact us now and let us mount the best legal defense for you.
