If you or a loved one has been charged with drug possession, then it is imperative that you be familiar with the possible defenses to such charges. If you are convicted of a drug charge, the consequences can be life-altering, as the conviction will follow you for the rest of your life. Keep reading to learn a few tips for beating these charges.
Learn Your Fourth Amendment Rights
Some people are not very familiar with their constitutional rights, but when you are facing felony drug charges, it is time to brush up on your rights. In this particular case, you will want to know your Fourth Amendment rights, which state that you are protected from any form of unlawful search and seizure by law enforcement. Simply put, this means that police must have one of two things to perform a search: 1) probable cause or 2) your consent. Without one of these, anything that they obtain during a search is inadmissible in a court of law.
Think About a Plea Deal
When facing a felony drug charge, you may want to consider agreeing to a plea deal that will reduce your felony drug possession charges to a misdemeanor drug possession charge or something similar. If you are facing a misdemeanor charge, you may be able to plea down to probation, community service, or the like. In some instances, you may be able to avoid going to jail by agreeing to enter into a substance abuse program and getting help for your addiction.
Avoid Acknowledging Drug Possession
If you are facing a drug possession charge and you were not the only one around the drugs at the time, you may be able to argue that the drugs were not actually yours. In this particular instance, law enforcement will be faced with the burden of proof to provide evidence that the drugs do indeed belong to you and not any of the other individuals that were with you at the time that the arrest was made.
Consider Using Medical Exceptions
If you are facing a drug possession and trafficking charge, you may want to consider a medical exception defense, if possible. For instance, if the police caught you with medical marijuana and you are able to prove that you have the legal right to have it, such as if you have a valid medical prescription from your physician, then it is possible that there was no probable cause for the police to perform a search to begin with.
For more information on defenses to drug possession charges, contact a drug possession lawyer in your local area.