Written by Canterbury Law Group

How To Get a Possession Charge Dismissed

How To Get a Possession Charge Dismissed

When you have been charged with drug possession a defense attorney can assist you. They may be able to challenge the facts of the case as well as challenge evidence and testimony as well as investigate errors in procedures and perhaps challenge on the grounds of an affirmative defense. Read on to learn more.

Unlawful Search and Seizure

Your due process of law including search and seize procedures are protected by the Fourth Amendment. When drugs are found in plain view they may be confiscated and used as evidence. But if they are found in the trunk of a vehicle and the suspect did not consent to a search, it cannot be entered as evidence. Violation of a defendants fourth amendment rights mean the drugs are not permissible to be used at trial often resulting in the charges being dismissed.

The Drugs Are Not Yours

You can say the drugs do not belong to you and you had no knowledge of their whereabouts. An attorney can press the prosecutors to prove you are the owner and not someone else in the house, a roommate, visitor, or passenger in the car.

Lab Analysis

If something looks like a drug it does not mean it is a drug. The prosecution mist proves the substance that has been seized is the illicit drug by obtaining test results from a crime lab. The analyst must then testify at trial asserting the results of the test.

Missing Drugs

Often drugs can come up missing as a result of them being transferred around the system before they go to the destination of the evidence locker. Never assume evidence exists at trial time.

Planted Drugs

As a Police officers’ sworn testimony tends to carry a great deal of weight, it may not be easy to find a reluctant to speak against a colleague. But a motion can be filed and if the judge gives their approval it means the department is obliged to release the file of complaint. This includes who made the complaints and they can be interviewed by a private investigator or attorney.

Entrapment

This is when an informant of police officer induces someone to commit a crime they may not have otherwise performed. For example, applying pressure to pass drugs along to a third party. Usually this applies when the state is the source of the drugs that have been provided.

Medical Marijuana

Although it does not apply for federal charges, it may do for state charges in states where it is legalized. More often than not requiring a signed recommendation from a Doctor, charges can be dropped when there is convincing evidence of the medical necessity.

Need Help?

If you are facing drug charges, there may be defenses open to you that you have not considered. From how testimony was collected, how your rights were explained, whether evidence was preserved, an experienced attorney can help to get the best possible result.

Source: https://criminal.findlaw.com/criminal-charges/drug-possession-defenses.html

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*This information is not intended to be legal advice. Please contact Canterbury Law Group today to learn more about your personal legal needs.

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