In a drug trafficking case, the prosecution needs to prove that the individual actually possessed the drugs. That is where the services of an expert criminal lawyer come in handy. You should hire a criminal defense lawyer to develop an effective strategy for defense. There are two types of possession – actual possession and constructive possession. This article provides information on potential criminal lawyer defense strategies in a drug possession case.
Actual possession is when the drug is actually found on the individual. In fact, the drug can be in the individual’s pocket, wallet, or purse. The defense strategy – “It is not mine” – won’t work well under such circumstances. That is because the mere act of holding the drug is illegal. Even though there are many other defense strategies to be used under such circumstances, they are limited in nature.
On the other hand, constructive possession will expand the scope of possession. In such a case, the actual possession of drugs cannot be proven. But there is a strong conclusion that actual possession has occurred. In such a case, two or more individuals can possess the same drug. In fact, there are more defense strategies in a constructive possession case compared to an actual possession case. Here are some effective strategies that you can use to dismiss or reduce the charges against you.
Drug Possession Defense Lawyer Strategies
In defending a drug possession case, it is important that your lawyer put pressure on the prosecution to prove that the drugs actually belonged to you. If the drug was found in the car and there were several persons riding in it, the prosecution may find it difficult to prove that the drug belonged to you. There are instances where drugs may be planted by someone – even a law enforcement official. Your lawyer should consider this defense strategy if there is evidence that someone has the motive to plant the drugs.
Your attorney should establish whether the law enforcement officers conducted a legally sound search. If not, the substance found during the search wouldn’t be admissible in court. The prosecutor should actually prove that the substance found is indeed an illegal substance. For this purpose, the drug should be analyzed in a crime laboratory. If not, your lawyer can argue on behalf of you.
Drug Trafficking Defense Lawyer
In a drug trafficking case, the prosecution needs to prove that the individual actually possessed the drugs. Obviously, if you or a loved one has been arrested for or charged with drug trafficking you need to speak with a lawyer as soon as possible so you can protect your rights and establish the legal strategies needed to mount a vigorous defense against those charges.