I have never been one of those people who runs with the wrong crowd, but about six months ago, I knew that I was in trouble. I was with someone when she did something against the law, and it made me a suspected accomplice. I knew that I needed help to prove my innocence regarding the involvement, so I started going through and talking with different criminal attorneys. I was able to find a great lawyer that really understood my position, and he did everything possible to prove my innocence. This blog is all about proving your innocence in court, so that you can move on with your life.
Do you know that you can spend a decade in jail if you are convicted of drug possession? It's even worse if the drugs you have been accused of possession weren't actually yours. Luckily, there are a few defenses that can get you off the hook in such a situation; here are three examples of such defenses:
The Drug Wasn't Yours
This can only work if the drugs weren't actually on your person; there is no way you can convince the court that someone else's drugs were in your pocket. However, you may succeed with the defense if the drugs weren't on your person, there were other people around or you weren't in charge/control of the place where the drugs were found. For example, if you were driving a car with your friends in the back seat, and the drug wasn't in the front seat, you may be able to argue that it wasn't yours. The same applies if drugs are found in an apartment you rent with other people.
This is the same as saying that you didn't know that the substances on your possession were illegal drugs. This can only work in a few cases. For example, if you were given a package by your employer to deliver to another address, you don't have the authority to open the package and ascertain their contents. Therefore, if you are arrested and the package turns out to be illegal drugs, you can deflect the charges to your boss by using the unwitting possession defense.
Unlawful Search and Seizure
This defense can succeed if the drugs are the only piece of evidence that the prosecutor has against you. It's viable because there are laid down procedures that government officers are required to adhere to when performing their duties. For example, a police officer cannot just walk off the street into your house, search for drugs and arrest you for drug possession; they need a reasonable cause (legitimate grounds) for getting into your apartment in the first place. Proving unlawful search and seizure isn't easy, and you are better off with the help of a criminal defense lawyer if you wish to go down that route.
In short, you aren't doomed just because you have been arrested with substances that have and they have tested positive for banned drugs. If the drugs weren't really yours, then you just need to enlist the services of an experienced criminal defense attorney to get you off the hook.Share