What Kind of Lawyer Handles a Drug Possession Case?

April 13, 2022

If you are arrested or fined for drug possession, you must immediately hire an experienced criminal defense attorney. They will efficiently use their expertise to protect your rights and minimize the possibilities of penalties for a drug conviction. Additionally, they know the possible defenses to the charge, understand all the laws, and the importance of the factors affecting your case. 

Some defense attorneys challenge the stated evidence, testimony, or facts in the case. They may even target procedural errors and challenge the charges against you based on an affirmative defense. It means they will present their evidence indicating that you were acting legally, and the prosecution does not really have a strong case.

Below, we have discussed the most common drug possession defenses.

1. Unlawful search and seizure- Under certain circumstances, the country’s legal authorities can search your body or property. If they find drugs in “plain view” they may seize them and present them as evidence in a drug case. An example of the same would be an officer SEEING drugs ON your car’s dashboard OR FLOORBOARD while at a routine traffic stop OR POSSIBLY SMELLING THE ODOR OF BURNT MARIJUANA. 

However, the US Constitution offers protection to the citizens from the government. Searches without a warrant are illegal as per the law, such as an officer opening your car trunk without permission and finding drugs, or a drone flown over a hidden marijuana field and photographing it. If the police illegally find evidence, the court will not consider them at trial. Usually, the government drops the case if the police violate your rights.   MR. DENNIS HAS WON MANY SUPPRESSION HEARINGS IN MISDEMEANOR AND FELONY DRUG CASES IN THE LAST 22 YEARS. 

2. Drugs belong to someone else- You may want to claim that the drugs do not belong to you, or you had no idea they were in your possession. However, contrary to what you might think, it will not make a strong argument. Authorities can convict you for drug possession charges even if you do not directly possess drugs. They must show that you have access to or control of drugs.

Therefore, before giving the police or authorities a statement, always consult your criminal defense lawyer.

3. Crime lab analysis- It is not necessary that evidence is precisely what it looks like. While the substances might look like cocaine or LSD, it may not necessarily be so. The prosecution must prove that the seized drug(s) are what they are claiming it to be. Therefore, they send the evidence for a crime lab analysis.

Your defense lawyer can raise their concern about discrepancies or errors in the crime lab analysis report and ask the lab analyst to testify at trial.

4. Chain of custody problems- Another common drug possession defense mechanism is missing drugs. When authorities seize the drugs, they usually keep them secured in an evidence room or locker. In court, your attorney can challenge the authorities asking whether the drugs presented are the ones taken from you. It is called an attack on the chain of custody.

About Steve Dennis, Criminal Defense Attorney

A criminal defense attorney will help you fight drug conviction charges against you. At Steve Dennis, Defense Attorney, we make your case our priority and invest all our time and effort into providing you the best guidance. Our clients trust us because we possess the experience and skills to win the case. For more information, contact us at (936) 539-1234, email us at stevedennislaw@yahoo.com or fill out the contact form.