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8 Common Defenses for Drug Possession Charges

8 Common Defenses for Drug Possession Charges - Hanlon Law Sarasota

 

Every day, thousands of people globally are arrested for drug possession. Those crimes can result in consequences, including a hefty fine, jail time, and even death. What might be worse is the genuine risk of being caught with drugs and having to defend yourself against these charges. However, knowing what defenses are available can help you stay out of trouble.

Here are the top eight common defenses by lawyers against drug possession charges in Florida:

1. The Police Committed an Illegal Search

If the authorities illegally searched your property, you have a strong defense against drug possession charges. An unlawful search is one where there is no reasonable suspicion or probable cause to support it. There is no need to worry about evidence gathered during searches done without the proper authority. Police can be forced to return those items and even destroy them if they feel it is necessary for protecting your rights. That is vital because evidence collected illegally can get thrown out of court, which can help you win your case without even having to go in front of a jury.

2. Your Case Does Not Meet the Legal Standards for Drug Possession

This is especially true if you are charged with possession of many drugs, something that can result in a prison sentence and massive fines. Because this is such a high-profile case, there will be people who want to prove you were guilty, and they will do anything to secure a conviction – even if that means lying about the circumstances surrounding what happened. If you are facing drug possession charges, make sure you get a professional who will fight for your rights. Prostitution lawyers are the best choice here because they can protect you against illegal searches and defend you if your case does not meet the standards for drug possession.

3. You Did Not Know It Was There

If you were unaware there were drugs in that bag, car, or house, it should not count as drug possession charges. That is a common defense when people in a car are stopped at a checkpoint and an officer finds drugs inside the vehicle because the driver can claim ignorance of their presence. It is also a good defense if you are in a car with a friend or significant other and they have drugs in the vehicle. You might not know what they do, even though the police will try and make it seem like you did.

4. You Were Entrapped into Committing the Crime

Though entrapment can be a difficult defense to establish, it is possible. An undercover officer can entrap you into committing a crime that you otherwise would not have done. If you were unlawfully pressured to buy or use drugs by an undercover officer, then you could make the defense that they were entrapping you in a crime.

5. You Thought the Drugs Belonged to Someone Else

If drugs are inside your house or vehicle and do not belong to you, they might not count as drug possession charges even though others had access to the drugs. In this situation, you can claim “innocent ownership” instead of drug possession, which means that someone else put the drugs there without telling you about them.

6. Someone Planted Drugs on You Without You Knowing About It

Often, police officers plant drugs on people to make them seem like drug dealers, even if they are innocent. It can happen, whether intentional or not, and it happens more often than most people realize. A good example might be someone attending an event where the dress code is “casual,” and you are only wearing jeans. But that would not keep you from getting arrested for drug possession if a police officer saw the drugs and claimed they were in plain view.

7. You Did Not Have the Drugs At All

This is a common defense if you put the drugs in your car or house. In this case, the drugs would have been in the car or house of one of your friends, and they would have to be present to prove that you were in possession of them at all. This defense requires that your friend confirms that you were there at all times and did not know about any drugs.

8. You Were Following the Law When You Were Arrested for Drug Possession

If you have a note from your doctor or a prescription for the drugs found in your car or home, then it might be possible for you to claim that you were following the law when you were arrested. That is especially true if one of your friends put drugs in your car and did not tell you. The police might not take the time to confirm whether or not this is true, which makes it easy to get away with if the officer does not want to do anything about it.

If you are charged with drug possession, do not wait around thinking that everything will eventually work out on its own. You face a serious charge, which means the consequences are enormous if you get found guilty. It could lead to several years behind bars or even a lifetime in prison. You do not want to take any chances with this, so contact a good criminal defense lawyer in Sarasota, Florida.

A good lawyer can review your case and help you get the best outcome possible. In this case, Hanlon Law is one of the best firms to help you with your case. Our legal team will be best able to help you navigate the ever-changing legal landscapes of state and federal law and any county ordinances that may come into play on a case-by-case basis.

Rest assured that the criminal defense lawyers from our law firm can help you avoid heavy fines and lengthy jail time and stay away from the long-lasting consequences of a criminal record.

Contact our legal team today if you or someone you know has been arrested for drug possession.

Hanlon Law
1605 Main St Ste 1115
Sarasota, FL 34236
(941) 462-1789
https://www.sarasotadefenseattorney.com

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Brian Blanche
Brian Blanche
Bobby and his team are very easy to work with. They communicate flawlessly and I love working with them. Almost ten plus years later they continue to keep me number 1 in my market online and strive for excellence!!
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