It is generally no secret that drug charges are serious criminal charges. For that reason, accused individuals should be familiar with the different criminal defense options available if facing drug charges.
Defenses to drug charges
There are a variety of different defense options to drug charges. Because the best criminal defense option depends on the situation and circumstances of the accused individual, it is best for them to be familiar with the different options including:
- Search and seizure were not legal: Accused individuals have important search and seizure rights that protect them from unlawful searches and seizures. Alleged evidence that is obtained in violation of search and seizure protections may be excluded.
- Drugs did not belong to the accused individual: The accused individual may bring a defense to drug charges based on an assertion that the drugs were not theirs.
- Problems with crime lab analysis or missing drugs: The prosecution is required to prove the substance they allege is an illegal drug is, in fact, an illicit, illegal, drug. If they fail to do so, or if there is a problem with the crime lab analysis of the substance, the drug charges may be challenged.
- Entrapment or the drugs were planted: An entrapment defense may be successful if the accused individual was induced to commit a crime they would not have otherwise committed but for the inducement by authorities. Additionally, if the accused individual can demonstrate that the drugs were planted, they may be able to challenge the drug charges they are facing.
Drug charges can result in serious penalties and consequences for accused individuals. For that reason, accused individuals should be familiar with their criminal defense protections and options.