Drug possession and trafficking charges can result in extremely severe penalties in the event of a conviction. Trafficking offenses tend to cause harsher sanctions than those for drug possession. However, possession of some drugs, such as heroin, cocaine, and methamphetamine, can result in first-degree felony charges, which carries the potential for a life prison sentence.
Fortunately, various defenses to drug charges may apply to your case. By taking advantage of these defenses, you may be able to reduce the charges and penalties that you are facing, or even achieve an outright dismissal of the charges in appropriate cases.
For instance, to be convicted of drug possession, you must have knowing control over the illegal drugs. If you were riding in a vehicle belonging to another person in which police found drugs, you might not have known that the drugs were in the car. Likewise, if a friend hands you a backpack containing drugs, but you didn’t realize that it contained drugs, then you arguably didn’t knowingly possess the drugs.
Another potential defense to drug charges may be if you have a valid prescription for a controlled substance from a licensed doctor. If you legitimately possess the drug to treat a medical condition, then you may have a valid defense to any drug possession charges.
Furthermore, when police search and seize drugs from you or your vehicle during a traffic stop or similar circumstances, they must do so legally. You have a constitutional right to be free from unreasonable searches and seizures. If the police fail to respect your constitutional rights, you can argue that any drugs that they found were the result of an illegal search and seizure. In many cases, this can result in the court rejecting the drugs as inadmissible evidence. When a search is unlawful, then the products of that search are illegally obtained and cannot be used against you in court.Peek & Toland dedicates a large part of its practice to assisting individuals in resolving their criminal charges. We know that criminal proceedings can be intimidating and overwhelming for those who are facing potential penalties for criminal charges. We will work with you to achieve the most favorable outcome possible in your situation. Call our office today and set up a consultation with our skilled criminal defense attorneys today.