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How can you defend yourself against a drug possession charge?

On Behalf of | May 24, 2021 | Criminal Defense

Every charge in Virginia has a possible defense, including drug possession charges. Your attorney might use one of these defenses to get your charges reduced or dropped altogether. In some cases, they might be able to prove that the prosecution violated your constitutional rights.

What are some possible defenses against drug possession?

One common criminal defense involves claiming that the police violated your rights when they searched your house or vehicle. For example, if you didn’t consent to the search and the police didn’t have a warrant, the judge might have to throw out the evidence. With no evidence, the judge might throw out the case altogether.

Another common defense involves telling the prosecution that you didn’t own the drugs in question. This can be difficult to prove, but the police might not be able to prove that you actually owned the drugs. If the police searched your house or shared vehicle, the drugs could have easily belonged to a friend or family member. Your attorney might even argue that you had no idea that the drugs were in your vehicle.

Your attorney might also question whether the police have the drugs in the first place. If the prosecution lost the evidence, the judge might dismiss your case. Some police officers lose the evidence before it makes it to the evidence locker. In extreme situations, your attorney might even argue that the police planted the evidence. They might ask the judge to release the officer’s complaint profile to see if they have a history of questionable behavior.

How do you get the best possible defense for your case?

If the police officer found drugs on your property, arguing against drug possession can be particularly challenging. An attorney could figure out the best defense for your situation. You might be surprised to learn that the police obtained the evidence illegally or even lost the evidence before your court case.

If the judge won’t dismiss your case, they might at least reduce the charges. Having a lesser charge on your record could make it easier to move on with your life. You might even be able to get the charge expunged later on.

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Attorney Harvey S Lutins