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What are some possible defenses for drug possession charges?

Many of those who face drug charges are ordinary people who have never committed any other serious crimes. In fact, it is not unusual for the police to arrest someone who is simply in the vicinity of where the drugs were located. Others may be charged for carrying a small amount of a controlled substance intended strictly for personal use.

But regardless of the reasons for the arrest, anyone who is facing drug possession charges would do well to prepare a strategy for his or her defense. An effective strategy will take into account the circumstances of the arrest. The following are some possible defenses that can be used to challenge drug charges:

  • The drugs in question do not belong to you. Basically, this defense relies on proving that you had no knowledge of the existence of the drugs allegedly found in your possession. This defense may apply if, for example, someone else had stashed some marijuana in your apartment without telling you.
  • You were in some manner entrapped. Police cannot impose influence on or pressure someone into committing a crime that he or she likely would not have committed otherwise. It is generally considered entrapment if the state provides the drugs used to manufacture an arrest.
  • The arrest followed an unlawful search and seizure. If the arresting officers violated your constitutional rights while in the process of discovering drugs, the prosecution cannot use the drugs as evidence and typically the charges will be dismissed.

Remember, the circumstances of the arrest will likely dictate the most effective strategy. So, if you are ever arrested for drug possession, you may find having the representation of an experienced criminal defense attorney extremely beneficial. The attorney could help you prepare a defense strategy that could possibly bring you your best possible outcome.

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