Drug charges are often very serious charges. Even if you are facing a possession charge, you are still facing incarceration, fines and other penalties. It is imperative that you understand your defense options for possession charges so that you know what choices you can make. These aren’t the same in all cases, so you should look into what options are possible for your specific case.
One option that some people have for a drug possession defense is claiming that the drugs were another person’s drugs. This defense is often possible if there was another person who could have controlled the area where the drugs were found. For example, if the drugs were found on the coffee table, you could claim they were another person’s if there was another person sitting next to you on the sofa. This defense is one that is usually tricky, so be very careful if you consider it.
Another option is to assert that there was an illegal search or seizure. Looking at the elements of the search and how the drugs were taken can clue you into whether these points can be useful in your defense or not.
It is sometimes possible to call the analysis of the drugs into question. The drugs must be tested if you are going to be charged with possession of a certain drug. Along the same line, you can use missing drugs as a defense if the prosecution can’t produce the drugs that were taken from you.
As you can see, coming up with a drug possession defense means looking at each element that is present. As you go through your case, you can piece together a defense that answers the necessary points in your case.
Source: FindLaw, “Drug Possession Defenses,” accessed Dec. 23, 2016