In the United States, it’s illegal to possess, distribute, manufacture, or use drugs that are classified as having the potential for abuse. But in 2017 alone, there were 1,632,921 drug law violations in the United States.
Drugs are related to crime rates in many ways. From violent behavior to drug trafficking, there are several ways in which they negatively affect society. Hence, the punishment for drug crimes is extremely severe, including penalties, imprisonment, and even the death sentence in some cases.
While law enforcement works incredibly hard to curb the distribution of drugs, they’re prone to make errors and misjudgments. If you’ve been wrongfully charged with drug possession, it’s important to know your options.
There are multiple defense strategies available to you that can help dismiss the charge and safeguard your legal rights. Here are some of them:
Unlawful search and seizure
Unlawful search and seizure is the most common and effective defense against drug charges, Since the act violates the Fourth Amendment—which protects the rights of people against unreasonable searches and seizures.
Therefore, it’s necessary that any law enforcement agency has a search warrant or probable cause to search for drugs. If a law enforcement officer conducts a search without a warrant or a probable cause, the evidence is inadmissible in court.
No prior knowledge of drugs
Another defense that’s used by criminal defense lawyers to protect clients’ legal interests is claiming that they didn’t have any prior knowledge of the substance in question and just happened to be at the wrong place, and at the wrong time.
For instance, a person could be sitting in a friend’s car, not knowing they possess drugs. Under such circumstances, they can’t be held accountable or guilty, as they were not complicit in the crime.
There are numerous precedents available to substantiate this claim. In numerous cases, people have possessed drugs without having any information regarding them.
Unlawful entrapment
Entrapment is a practice whereby a defendant is induced to commit a criminal offense—in this case, the possession of drugs—that they otherwise would have been unlikely to commit. There are precedents to this strategy, and it’s a successful defense against wrongful accusations.
For example, if a person who works as an undercover agent is pressurized to purchase drugs, the case is likely to get dismissed on the grounds that it was unlawful entrapment and doesn’t constitute a crime.
Hire a criminal defense attorney!
Having legal representation is instrumental to the success of your case. Your criminal defense attorney will use the aforementioned defenses, among several others, to acquit you of wrongful drug charges, depending on the circumstances.
This way, you will be able to effectively answer the charges and prove your innocence.
Reach out to the Law Offices of Norley E. Castañeda in Central Islip today to protect your legal rights and prove your innocence. Our competent criminal defense attorney will help you to avoid any possible consequences of wrongful accusation of drugs and formulate a strong defense to dismiss the charges. To learn more, call us today at (516) 286-3486.
The information contained herein is not intended to be a source of advice with respect to the material presented, and the information and/or documents contained in this website do not constitute legal advice.