You will first need to obtain a lawyer experienced in tackling felony drug possession cases. Contrary to what you may think, your case may come up rapidly, so it is vitally important to obtain the services of an attorney at the outset of proceedings. We suggest as soon as bail has been posted.
There are various approaches that can be made but let’s look at some of the important factors to consider.
- Remember the prosecution has to prove each and every element of the case they present against you beyond a reasonable doubt. Your attorney is in the best position to assess whether they have done this or not.
- Your attorney will ensure the correct procedures were followed. Was your search legal, was there reasonable suspicion to perform the search of your person and your vehicle? Have your fourth amendment rights been violated? If so, it cannot be used in a prosecution. If you were denied the right to legal representation and/or not Mirandized correctly, your case may be thrown out on those grounds.
- Your attorney will ensure certain timelines are adhered too that may invalidate the case of the prosecution.
Your attorney may be able to take the stance there is not enough evidence to confirm is the drug you were found in possession of is actually illegal. There is a possibility lab testing equipment may have failed or the drug sample may have been misplaced, not labeled correctly or even destroyed. This may not happen often but it does occur and your attorney can make good use of this in the fact the prosecution will be unable to confirm you had a drug that was illegal about your person.
The prosecution must provide evidence you knowingly and intentionally possessed drugs that were illegal. Even if it was in your vehicle, can it be proven you had knowledge of it being there. If you give rides to people, it may have come from them while they were riding with you. If the attorney can argue successfully you did not know the drugs were there, the case is over. The prosecution is the party who has the burden of proof. If there is reasonable doubt you cannot be convicted under the law.
Contact A Drug Possession Attorney
If you are facing felony drug charges get in touch with an attorney specializing in drug possession cases straight away. They can help you fight the charge and get the best possible outcome.
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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.