Drug possession charges can lead to fines, jail time and even prison time depending on the severity of the charges and whether you are a repeat offender. It will also form part of your permanent criminal record which could affect your ability to be employed, rent a house or apartment, travel abroad or apply for finance.
It is therefore very important to get legal advice and speak to a lawyer regarding the different types of defenses that are available to you. These defenses could result in the charges being dropped, dismissed in court or leniency in sentencing.
It may also assist in a plea bargain with the states attorney. If the case does go to trial, the state will need to prove to a jury, beyond a reasonable doubt, that you are guilty of the charges. If you are found guilty, the judge will deliver a sentence.
Some Defenses a Criminal Attorney May Use in a Drug Possession Case…
- Lack of evidence or insufficient evidence which is where the state fails to prove their case beyond a reasonable doubt.
- Constructive possession where another person resides on a property or has access to a vehicle and could reasonably have been responsible for the drugs.
- Illegal search and seizure violates a person’s constitutional rights and any evidence obtained by an officer who did not have a valid reason to search a premises, vehicle, person etc. may not be used in court.
- Lack of knowledge where the defendant can prove that they were unaware that they were in possession of a drug or that the substance was illegal.
- Prescription defense is where the defendant can prove that they had or have a valid prescription from a doctor or other medical practitioner for the specific controlled or illegal substance that was found in their possession.
- Entrapment where a police officer/s or other legal agent has set up circumstances that induces a person to commit a crime or be in possession of drugs where they ordinarily would not have committed that crime.
A lawyer may also seek to minimize or reduce the sentence if a defendant is found guilty of a drug possession charge. They may advise to plead out the charge in order to receive a reduced sentence. They may also request a suspended sentence or for charges to be withheld for first time offenders.
The most desirable outcome is to have the charges dropped or the case dismissed in court in order to avoid a criminal record.
If you’ve been arrested for drug possession in Suffolk County call Naiburg, Obedin and Weissman for a free consultation to protect your rights. Our office is conveniently located right next to the Cohalan Court Complex in Central Islip.