4 Legal Ways You Could Win A Drug Possession Court Case
You might be surprised to learn that every year people get falsely accused of drug possession charges. If wrongly convicted of these charges, an individual's life can be significantly altered. This is why it is ideal to know that you or someone you love could one day be faced with the challenge of fighting drug possession charges. The following are a few points to keep in mind.
Entrapment
This is a type of crime that occurs when law enforcement uses tactics to coerce people into the commission of crimes. It can happen in a number of ways, and some people refer to it as a "set-up." This is an understandable way to label entrapment because what often happens is that police may use an informant to sell drugs to another person. They might also use these sources to get people involved in other unscrupulous behavior. Individuals who think they are victims of entrapment need legal representation because entrapment is an illegal act.
Medicinally Legal Cannabis
If you have a prescription for marijuana, you might think that you could not get arrested and charged for having your prescription with you. However, it is possible for an officer to charge you. Keep in mind that charges are not convictions, and you need to be able to prove that you had a prescription and that the marijuana in question was your prescription to win this type of drug possession case.
Illegal Search and Seizure
If you are asked for permission to search your car or home without a search warrant, you can legally decline the request. However, if there is a threat to a person or property, law enforcement can override what you say. For example, if it is suspected that a missing person is at your home and their life is in danger, police may not have to have your permission to search if they hear someone screaming for help inside. In some jurisdictions, police officers can get a judge to sign a search warrant in a short period of time, but your rights are protected under certain circumstances until they have legal permission.
No Proof of an Illicit Substance
Sometimes police officers charge individuals with drug possession charges based off of preliminary testing of substances at the scene. Laboratory tests must also be performed to confirm whether the substances are indeed illegal. If law enforcement does not bother to get the additional testing performed, it is possible to dispute the validity of the preliminary test results since they are sometimes unreliable.
A criminal defense lawyer is an excellent resource to use if you are charged with any drug-related crimes. They can help you understand your charges and the potential consequences of a conviction. These professionals may also be able to create reasonable doubt, which could result in dismissed charges or a not guilty verdict. For more information, contact a professional such as Thomas A Corletta.
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