Legal Defenses for a Drug Possession Charge

In drug possession cases, the government has the burden to prove the charge beyond a reasonable doubt in the court. Eric Thole, attorney at law, highlights that it is not the defendant's job to prove that they were "not in possession" of the illegal drugs. Therefore, if you get charged with possession of illegal narcotics, you have the right to hold the government to the task of proving their case.

Eric Thole advises never to assume the police had the right to "conduct a search." The Fourth Amendment to the U. S. Constitution protects people from illegal searches or seizures and affirms that warrants shall not be issued unless a probable cause.

While looking for legal defenses for a drug possession charge, you can find defense lawyers often working to suppress drug evidence before the trial begins. Eric Thole, attorney at law, explains it as a common tactic of defense lawyers to reduce your charges. However, if your defense lawyer fails to suppress the drug evidence, they can work to win an acquittal or obtain a good result under the circumstances. Therefore, the most critical advice Eric Thole gives - is not to represent yourself in a drug case.

Several Ways to Defend Against a Drug Possession Charge

1) Unwitting Possession Defense

It is a circumstance in which you may have actual possession of the drugs, but the case legally "guilty of possession" does not apply as you were not aware of having the drugs on you. Eric Thole explains the scenario with the help of messenger service.

If anyone hands over a packet containing drugs to a messenger service, and the messenger service is not aware of the contents, he cannot be held liable for drug possession charges if caught later with it.

If the police search your apartment and find drugs that you were not aware of being there, you can use an unwitting defense like a legal defense in a constructive possession charge.

2) Lack of Possession

"Lack of possession" is another legal defense for a drug possession charge that you can use. It might seem illogical to use denial as a defense, especially when you got arrested for it, but it happens all the time. Eric Thole, attorney at law, explains it with the use of the "dominion and control" element as a defense using scenarios like

 

●     Where the homeowner is absent but a renter is present.

●     When a car with several people gets pulled over by police, it is difficult to accuse just one person of drug possession.

 

In this defense tactic, Eric Thole explains that the prosecution has to show the court "the complete chain of custody" of drugs from the time of seizing them through your trial. Any lack of chain of custody, drugs not found, or not completely accounted for derails their case against you. 

3) Police Abuse of Power

It is a defense wherein your defense lawyer shows the court how the police abused their power in discovering the drugs. Planting evidence, illegal search or seizure, or placing unreasonable pressure or threats made against witnesses and other parties - everything is a violation of your rights.

Eric Thole highlights police entrapment (inducing you to buy drugs that you otherwise would not buy) as an abuse of its power too. But it is perfectly lawful for the police to lie when trying to determine if you have drugs in their possession by acting as an undercover agent. If you buy it from the undercover agent, out of your "Free Will," it becomes legal for the police to arrest you for a drug possession charge.

Conclusion

Eric Thole mentions hiring a defense lawyer for a drug possession charge - a critical requirement. Only a good defense lawyer knows which legal defenses to apply to your case, depending on its facts. Eric Thole, attorney atlaw, says an experienced defense lawyer can also question the conduct of the police officer or district attorney to strengthen your defense case.