Drug possession charges can have severe consequences, including fines, probation, and imprisonment. However, drug possession attorneys may use a variety of legal defenses to help their clients fight the charges.
A drug possession lawyer may argue under the Fourth Amendment that the police involved did not have enough probable cause to search their client or their client’s property, and any evidence obtained through an unlawful search should be suppressed.
In some cases, a person may be in possession of drugs without knowing it. For example, a friend or acquaintance may have left drugs in their car or home without the accused’s knowledge.
In some states, medical marijuana is legal for certain medical conditions. If a person is in possession of marijuana for medical use, a drug possession lawyer may argue that their client was using the drug for medical purposes and should not be charged.
A drug possession lawyer may argue that their client did not have actual possession of the drugs but instead had constructive possession. It means that the drugs were found in an area that the person had control over, but they did not actually possess the drugs.
In some cases, police officers may engage in misconduct during a drug possession investigation. Drug possession attorneys may argue that the police used entrapment or coerced a confession from their client, which could result in the dismissal of charges.