Drug possession is a serious crime in New York and can lead to significant repercussions. If you are facing criminal charges related to drug possession, understanding the best defenses available to you is crucial. Continue reading and consult with a skilled New City drug possession, crime defense attorney today to obtain experienced representation.
What Are the Best Defenses Against Drug Possession Charges?
The possession of illicit drugs can be charged as a misdemeanor or felony, depending on the details of the situation. At the lowest level (a Class A misdemeanor), you could face up to 1 year in jail and fines of up to $1,000. However, the more severe the charges against you, the more substantial the potential penalties will be.
With the help of a knowledgeable criminal defense attorney, you may be able to implement the following defenses during your drug possession case.
- Challenge how the evidence was obtained: One of the most effective defenses in drug cases is arguing that the search and seizure was illegal. Under the Fourth Amendment, law enforcement needs either a valid warrant or probable cause to conduct a traffic stop or search and seize an individual’s property. If they had neither, you could argue that the evidence obtained during the illegal search is not admissible in court.
- Argue that you had no knowledge of the drugs: An important part of possession charges is the individual’s knowledge of the substance and ability to exercise control over the property. If you can prove that you were not aware of the presence of the drugs or that you did not have the ability to control them, it could be effective in fighting your charges.
- Point out flaws in the chain of custody: The way the evidence is handled and stored is crucial in a drug case. It is possible that there were chain of custody issues after the drugs were collected by law enforcement. You may be able to argue that the evidence could have been tampered with or that the evidence being presented in the case is not what was collected at the scene of the crime.
- Claim entrapment or coercion: When an individual is induced to commit a crime that they would not have committed on their own, it is known as entrapment. Coercion occurs when a person is threatened in an attempt to force them to take illegal action. If you were pressured to commit the crime, you could argue one of these defenses.
- Question the crime lab analysis: A crucial part of the prosecution’s case is proving that the substances found truly were controlled dangerous substances. Depending on the circumstances, it may be possible to challenge the tests done or the equipment used to identify the drugs.
One or more of these defensive options may be applicable in your case. To learn more about your legal rights and options, reach out to an experienced criminal defense attorney today.
