Several kinds of drugs such as methamphetamine, heroin, cocaine, and ecstasy have been put on the illegal list by the government. Possession of such substances has been forbidden by the law and is a punishable offense. In fact, drug possession comes under a wider branch of law that says possession of any kind of controlled substance is a crime.
These offenses are also often referred to as simple possession cases. The severity of the punishment or the fine in such cases often depends on the amount of substance the person is found with. For instance, if the person was carrying around four grams or less of the substance, it is counted as a level one misdemeanor.
Lawyers Can Offer A Breakthrough
A common notion among people is that if they are found with drugs, it is the end for them. They do not know that such cases can also be challenged, and they can prove their innocence.
Competent defense lawyers who have handled such cases before can provide a breakthrough in such circumstances.
Depending on the particulars of the case, your lawyer can prepare strategies in defense of your case. Here are some of the common defenses used by them:
If you have a medical condition that requires the use of strong drugs, the lawyer may use the circumstance in your favor. They may prove that you had a prescription for the drug that you were carrying.
This defense is more likely to be used when there is a small quantity of drugs in possession. Since you had the medical sanction to use the drug, carrying it will no longer be considered a criminal offense.
Lack Of Knowledge
Another defense that can be prepared in such cases is that the defendant was not aware of the nature of the substance. The lawyer may suggest that the substance was willfully planted with the defendant with an intention to malign the person. Or one can argue that the defendant did not know that possessing the substance was considered illegal.
This argument is especially helpful when the substance is lesser-known among the controlled products category.
In many circumstances, it is seen that police may have carried out an illegal search. Or that they may have planted the drugs on the defendant themselves. It may also be argued that police had collected the pieces of evidence illegally or that no proper procedure was followed during the search operation.
When the police are found to be at fault, then the case is usually absolved.
The amount of substance found in possession has a very important role to play in the case. If the police have found only a trace amount of the substances, then the lawyer can put forward a favorable argument in that regard. An extremely minute amount of possession is usually dismissed by the court.
Of course, all these defenses need to be backed with proper evidence. Competent lawyers know exactly how to do that for you to turn the tide in your favor.