How a Criminal Defense Attorney Can Help You in a Drug Possession Case

You need to get an attorney to help you fight against possession of drugs charges regardless of whether it’s with intent to sell or for personal use. A criminal defense lawyer can determine the type of defense that may apply to your case. Remember that some defenses can challenge the stated testimony, stated facts, or even evidence presented in the case. Others can target some procedural errors. 

You need to note that some people can challenge drug possession charges based on an affirmative defense. This means they can bring in their evidence to prove that they were acting legally. It’s also a good idea to hire a drug possession with intent to distribute lawyer. This is the only option you can rest assured that you can get the best outcome. This article discusses how a criminal defense attorney can help you in a drug possession case.

A drug possession charge

A good attorney can help you with your drug possession charges. It’s hard to get these charges dropped, though it depends on your case. Depending on the state where you committed the drug possession crime, the charges can apply to possession of cocaine, marijuana, heroin, and many more. Also, these charges can apply to the compounds that you use to make these drugs. 

It’s worth mentioning that there are fines for these charges and you can even get prison time which is usually between four to thirty years, but this depends on your charges. A good lawyer can discuss with you the potential outcomes of your cases. You should remember that you need to give your lawyer all the details associated with your charges. If you provide them with all these details, they can explain to you all your rights over the case. Besides, they can discuss with you several factors that may determine the outcome of the case. 

There are many factors in drug possession charge cases. One of them is the amount and type of drugs you possess. Therefore the amount and type of drugs can determine the drug possession charges. In most cases, the number of drugs may change the charges from a misdemeanor to a felony charge. Also, your charges can depend on the type of drugs.

In some states, marijuana possession is usually legal for a person who is 21 years and older. But it’s worth noting that there can be a 1-ounce limit per individual. You can also legally keep at least 10 ounces in your home, but it should be stored under a key and lock.   

Whether your possession was for personal use or to sell can also determine your charges. If they charge you with drug possession for personal use, then there can be less severe fines and penalties. On the other hand, possession with intent to sell usually leads to harsher penalties. Many states regard this type of possession as more severe because you can harm many individuals in your drug distribution.

Regardless of the charges that you are facing, it makes sense to hire a criminal defense attorney. Keep in mind that attorneys tend to differ when it comes to their areas of specialization and experience. A potential attorney should have handled similar cases like yours and they should be licensed to practice in the state. To get the best outcome, you must find the best attorney to handle your case. The right attorney can have the time to discuss your options and charges.

Defense in the drug possession charges

The constitution offers people protection from the government. Therefore, only under some specific circumstances, it is legal for government officials to search your property and body. This is the reason why seizure and search are usually many in drug possession defense cases.

The authorities can seize and use as evidence any drug that the authorities can find in plain view in a drug possession case. For example, you can decide to keep drug paraphernalia or drugs on the dashboard of your car, so a police officer doing a legal traffic stop can decide to seize the drugs. This drug can be marijuana which is in plain view of the officer.

Therefore, you should always consider that any officer can open the trunk of your car without permission and may find the drugs. Alternatively, officers can use a low-flying drone over a certain area and take photographs of a hidden marijuana field. You should note that these are some searches that are considered to be illegal and are done without a search warrant. 

Therefore, if the officer finds evidence using illegal means, then the court can exclude this evidence at trial. The evidence the authorities find in such illegal searches is usually crucial to the prosecutors, so the government can decide to drop its case if the officer violated your constitutional rights. 

Sometimes, drugs can belong to another person. A criminal defendant who is facing drug charges usually desires to claim that the seized drugs belonged to someone else. In other cases, you may not have an idea that you possess some drugs. But can sometimes not be a good argument that you may use in court.

You should remember that the authorities don’t need to find some drugs on your body or even find drugs directly in your possession so that they can convict you on drug possession charges. The prosecutors just need to prove that you had access to or control of the drugs. 

Hence, at trial, your defense lawyer can argue that there is a chance that you knew about these drugs. Remember that this is not a simple thing to do. For instance, one of the passengers in your vehicle may have used drugs before or at the time you got arrested. This is the reason why it makes sense to talk to your criminal defense attorney before you make an argument or claim to the police. This can prevent you from making a statement that a prosecutor can use against you.

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