Drug Possession Lawyers Can Use A Variety Of Defenses

by | Mar 14, 2016 | Lawyers and Law Firms

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Possession is one of the most serious drug crimes. Depending on the amount and type of drugs in question, charges can range in severity. Possession and the intent to sell drugs can bring even stricter penalties, and in some cases, the possession of more than a set amount can result in the presumption of intent.

Drug Possession Defenses

Depending on the charges and the case’s circumstances, there are multiple defenses to drug possession charges. While cases can be difficult, it is possible to win with the help of Addair Thurston, Chtd. Possible defenses include:

* Illegal search or seizure. Evidence is inadmissible if it was illegally obtained (for instance, if law enforcement officials had no search warrant).

* Drugs are someone else’s. This defense works in some cases, but laws on constructive possession may allow a guilty verdict even if the drugs did not belong to the defendant.

* The drugs are not real. Some substances resemble narcotics but are not illegal. A lawyer can request lab testing to prove that the substance in question is not controlled.

* A lack of evidence. If valuable evidence disappears during a trial it can affect the state’s case. This happens when evidence is moved during court proceedings.

* Coercion. If one was forced to hold or carry drugs for another person, they may have a valid defense.

* Immunity. If one is arrested for possession because they sought medical attention for an overdose, they may be protected under overdose immunity laws.

Is Possession Always a Felony?

The classification of a drug possession charge can be anything from a simple citation to a felony. The severity of charges depends on factors such as the type and amount of drugs, and whether the person had the drugs for sale or personal use. Misdemeanors often result in fines, but felonies can result in steep fines and long prison sentences. Drug possession lawyers may be able to argue for an alternative sentence or reduced charges.

Hiring an Attorney for Drug Possession Defense

Possible defenses for drug possession depend on the nature of the charges, and every jurisdiction has different rules. Therefore, one should call drug possession lawyers right away if they are facing drug possession charges. The attorney can offer sound legal advice, and they can offer representation in court. You can also connect them on Facebook for more updates.

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