Defenses against drug charges

| Apr 17, 2020 | criminal defense |

Drug Crime Defense

Drug charges of any kind can have a severe impact on a convicted person’s rights, future, and freedom. When consequences to these charges can last years, it pays to build a serious defense against the charges. Many states across the country are legalizing the recreational use of marijuana.

While it seems as if a new state legalizes the drug every few months, there are still states like Arizona that only have legalized medical marijuana. In Arizona, the consequences of marijuana can result in a fine up to $150,000 in addition to other consequences.

Strong defenses

Despite the seriousness of drug charges, there are several defenses against these felony charges, such as:

  • The drugs are not yours: while it may seem like a weak defense, if prosecutors cannot prove that the drugs in question belong to the accused, they may not be able to convict them successfully.
  • The prosecution cannot prove they are drugs: if they look like drugs, prosecutors will still need to prove that they are drugs. If the testing analysis is not sufficient, or the analyst’s testimony is not strong enough, the defense may succeed.
  • The drugs are missing: similar to insufficient analytics, if the drugs that led to the arrest are missing, the prosecution will not be able to develop a strong case against the defense.
  • Someone planted the drugs: with the popularity of cell phones, there seems to be at least one recording of nearly every drug arrest. These recordings make it very easy to prove if someone planted drugs at the scene of the arrest.
  • Illegal police actions: if during the arrest, the police acted outside the law, a court may dismiss the charges. Illegal searches and seizures are typical examples of this defense.

Each arrest has a unique set of circumstances. An experienced lawyer can review the details of an arrest to determine what defense would work best.

There is always an option

When someone is facing criminal drug charges, there are many options that they may be able to look towards for their defense. If there is a way out, a thorough and driven attorney will find it.