If you find yourself charged with drug possession, it may be useful to see a criminal defense attorney to plead your innocence.
It is possible to represent yourself, but the consequences of a conviction are so severe that it would be best to opt for a lawyer who has experience defending and winning these types of cases.
This article will provide information on the different potential criminal lawyer defense strategies in a drug possession case.
Drug Possession: How a Suffolk County Criminal Defense Attorney Can Defend You
1. Unlawful Search And Seizure
According to the fourth amendment of the US Constitution guaranteeing a person’s right to due process of the law, illegal search and seizure possessions are considered standard in drug possession charges. Drugs identified in ‘plain sight’, such as on a car’s dashboard during a legal traffic stop, can be used as a legitimate piece of evidence. However, drugs located in the trunk of the vehicle after forcing it open cannot be used as evidence unless permission was gained from the car owner beforehand. If the latter is used in a trial, it will be a violation of the person’s fourth amendment rights.
2. The Drugs Belong To Another Person
One of the most common criminal lawyer defense strategies in a drug possession case is stating that the drugs belonged to another individual. A skilled attorney is often able to pressure the prosecutor into trying to prove that the drugs belonged to his or her client and not any of the other individuals in the area. This is one of the more successful strategies.
3. The Drugs Were Planted
One of the more challenging defense strategies in a drug possession case is proving that the drugs were planted. As a police officer’s testimony is held in high esteem, it can be difficult to prove that the officer broke the law unless another officer blows the whistle (something not many are willing to do). However, attorneys can file this motion, and if the judge approves it, the department will need to release the complaint file of the specific officer. This file contains the names of individuals who made complaints regarding drug planting, and they can be interviewed for the case.
Final Words
As can be seen, there are different types of criminal lawyer defense strategies available for drug possession case. Of course, these are only a few, but they are some of the most successful when hiring a criminal lawyer.