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What are some possible defenses against drug charges?

On Behalf of | Jun 7, 2021 | Drug Charges |

There are a variety of methods for defending against drug charges. Drug charges carry serious weight and can result in serious penalties and consequences for accused individuals who should be aware of the ways they can defend themselves from the drug charges they are facing.

Unlawful search and seizure

Individuals accused of a crime have important rights including due process rights and rights to only be subjected to a lawful searches and seizures. If authorities violate those rights, it may impact the evidence that is being used against them and the charges against them.

The drugs do not belong to the accused

Individuals accused of drug charges may defend themselves by asserting that the drugs were not theirs or that they lacked knowledge of the drugs. As an example, the accused individual may argue that they did not know there were drugs in the apartment where they were found.

Faulty analysis or missing drugs

Accused individuals may demonstrate that the evidence alleged to be drugs was not drugs or that the crime lab performed a faulty analysis. Additionally, if the drugs cannot be located, the accused individual may be able to make a chain of custody or other argument to have the charges against them dropped.

Entrapment or the drugs were planted

An entrapment defense argues that the accused individual was induced into committing a crime they would not have otherwise committed if they had not been entrapped to commit it by authorities. An entrapment defense, along with a defense based on drugs being planted, can be difficult to win but is possible to assert.

Duress or mistake of fact

Accused individuals may be able to defend themselves if there was some type of duress involved in the alleged crime that forced them to hold the drugs for instance or that the drugs were not in fact drugs but were some other legal substance.

Drug charges can result in time behind bars and steep fines. For that reason, accused individuals need be prepared to defend themselves against drug charges and protect their criminal defense rights.



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