Many people mistakenly believe that if they are arrested for the possession of drugs, they will most likely be convicted and face jail time. However, there are actually many different creative and successful defense tactics that can be used to fight charges of drug possession. Here are just a few of the defenses that can be used in a drug possession case, depending on the circumstances surrounding the matter.
Illegal Search and Seizure
Law enforcement officials must have probable cause to search your person or your property, including your home and your vehicle. However, some officers will search and seize first and then attempt to come up with a viable probable cause after the fact. If the police searched your home without a warrant, or did not have probable cause to search your person or your car and found you to be in possession of drugs, there’s a good chance that by proving illegal search and seizure, the evidence may be able to be withheld from court.
Drug Overdose Immunity
If you called 911 or went to the emergency room for help because you were overdosing on drugs, you may be protected against prosecution for drug possession. If, for example, you called 911 before you passed out and police officers and EMTs found drugs near you when they took you to the hospital, the drugs would likely be removed, but you may be able to obtain protection from being prosecuted because you sought medical help for an overdose.
You Have a Prescription
If the drug possession charge is for prescription drugs, you may be able to have the charges against you dismissed if you can prove they were medications that were prescribed to you. If, for example, you are found with a small bag of oxycodone, you may be able to bring forward your medical records to prove that you were prescribed the medication for a medical condition by a doctor and you were simply carrying a few with you to have on hand instead of carrying the entire bottle.
When to Contact an Attorney
If you have been charged with drug possession, it’s important that you contact an experienced lawyer right away to begin building your defense. Which tactics are used largely depends on the individual facts of your case. J. Christopher Llinas is a seasoned criminal defense attorney that can provide you with zealous legal representation from the get go. Call today for a consultation at (443) 235-5793.