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DEA Lawyers Explain Possible Defenses for Drug Possession Charges
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DEA Lawyers Explain Possible Defenses for Drug Possession Charges
Drug possession charges can seem scary and overwhelming. But don’t panic – experienced criminal defense lawyers know there are possible defenses to explore. I chatted with some legal eagles to break down potential ways to fight these accusations.
Invalid Search Issues
The 4th Amendment protects us from unreasonable government searches and seizures. If drugs were found through an unlawful search, an attorney can file a motion to suppress that basically argues “that evidence was obtained improperly, so it can’t be used against me.”
Scenarios where this may work? The officer lacked reasonable suspicion for a search, acted outside the scope of a search warrant, or violated your Miranda rights against self-incrimination. There are nuances though – for tips, see this analysis on suppression motions.
No Actual Possession
To convict on drug possession charges, prosecutors must prove you knowingly and intentionally possessed the drugs. But what if they weren’t actually yours? As criminal defense lawyer Barry Mills explains, “momentary handling doesn’t always mean possession. We’d argue they weren’t under your control.”
Possible cases? You briefly handled drugs to move a bag, or threw away someone’s else’s drugs. Or someone left drugs in your home/car without your knowledge. Make sense?
Lack of Knowledge
A similar defense claims you didn’t knowingly possess drugs. What if you borrowed a bag that secretly had drugs inside? Or police found residue you didn’t know about? Criminal lawyers utilize the “lack of knowledge” defense here.
Baltimore attorney Dana Carson recounts a case where her client had a marijuana cigarette inside a pack of regular cigarettes. He truthfully claimed no idea it was there. Charges dismissed!
Entrapment
This defense alleges police improperly induced or coerced you into committing a drug crime you otherwise wouldn’t have. Common scenarios are undercover sting operations and confidential informants pressuring targets.
As Seattle lawyer Alexandra Lopez explains, “we’d argue unfair police tactics manufactured the crime.” Review details on proving an entrapment defense.