If you were charged with a drug crime of any kind — be it marijuana or harder drugs like heroin or prescription narcotics — you could be facing some serious penalties. It’s important that you explore every possible strategy for defense with the help of a seasoned criminal defense lawyer. Here are five strategies that may be effective in your case to have the charges against you dismissed or reduced.
1. Deconstruct the Police Officer’s Search and Seizure
The first thing that should be established by your attorney is whether or not the police conducted a legally sound search and seizure. If they did not, it’s likely that anything obtained during an illegal search would not be admissible in court.
2. Prove that the Illegal Substance Belonged to You
In a drug possession defense, it’s important to put pressure on the prosecution to prove that the drugs actually belonged to you versus anyone else. For example, if drugs were found in a car and there were several people riding, it may be difficult to prove beyond a doubt that the substance was yours.
3. Prove that the Substance Was Not Planted
In rare cases, an illegal substance may be planted by someone — even a law enforcement officer — as a means to get you arrested. An attorney should explore this defense strategy if the evidence in your case points to someone potentially having a motive to plant the drugs.
4. Prove that the Substance is Indeed an Illegal Substance
Prosecutors simply cannot say that a bag of white powder is cocaine or another substance. The substance must be analyzed by a crime lab and if it wasn’t, your attorney can argue that there’s no way to prove that the substance was indeed an illegal drug.
5. Pressure Prosecutors to Provide the Actual Evidence at Trial
Your lawyer should also put pressure on prosecutors to provide the actual drugs they found — if the evidence is lost or mysteriously “disappears,” you may have a better chance at receiving a not-guilty verdict or having the charges dismissed since it’s difficult to prove that you possessed drugs that they cannot produce to the court.
Contact an Okaloosa Drug Possession Defense Lawyer Today
If you’ve been arrested for the possession of drugs, contact Okaloosa criminal defense attorney T. Martin Knopes to discuss your legal rights and how best to defend yourself against drug charges that could alter your life forever. Call now for a consultation at (850) 683-0700.