Criminal Defense Strategies for Drug Charges
Key Takeaways:
- There are many different defense strategies available, depending on the type of drug charge and whether it is a misdemeanor or felony.
- For drug cases, prosecutors must provide documentation of the proper collection, storage, and handling of the evidence.
- Another common defense strategy is that police or prosecutors violated your Constitutional rights.
Facing any criminal charge is a frightening experience. Facing drug charges can be especially terrifying due to the mandatory minimum sentences that accompany many of these offenses. Alleged drug crime charges that cross state lines can also be charged as federal offenses.
This article identifies defense strategies that may be available to defendants facing drug charges. The best strategy for defending yourself against criminal drug charges is to hire an experienced criminal defense attorney who can advocate on your behalf and protect your rights.
The Different Types of Drug Charges
Drug offenses are generally categorized as either felony or misdemeanor possession or distribution crimes. Prosecutors can allege “intent” with these charges as well, even if you did not actually distribute drugs. They can also add additional charges, like that you did them while possessing a handgun, which can increase the severity of punishments for a conviction. This could mean more jail time. The different types of drug charges are typically:
- Drug possession: Drug possession charges generally allege that you had illegal drugs on your person, in your car, in your coat, in your home, or anywhere that it is possible to possess something. The severity of the punishment will depend on how much you possessed and what kind of drug it was (marijuana, cocaine, methamphetamines, heroin, opioids, or prescription drugs).
- Drug trafficking or distribution: When you possess a large quantity of drugs or when it becomes clear that you have transported or sold drugs, you may be charged with drug trafficking or distribution.
- Manufacturing or growing: If you’ve manufactured an illegal drug, like methamphetamine, or grown an illegal drug, like marijuana if it’s illegal in your state, you could face charges related to the production, manufacture, or growing of drugs.
- Drug paraphernalia: Possessing equipment or tools used in drug-related activities or in the manufacture or production of drugs, could lead to charges of possession of drug paraphernalia.
Criminal Defense Strategies
Throughout the process, from arrest through trial, you could have various effective defenses available to you. How relevant or useful these common defense strategies are to you will depend on the nature of the charges.
- Constitutional rights violations: If police or prosecutors violate your Constitutional rights, you can use that violation as a possible defense. These most commonly will include the police violating the Fourth Amendment right to be free from illegal searches; Miranda rights violations; and denial of your right to counsel.
- Chain of custody: The standard for finding someone guilty in a criminal case is beyond a reasonable doubt. For drug cases, prosecutors must provide documentation of the collection, storage, and handling of any evidence. Failing to do so properly can raise questions regarding the chain of custody and whether the evidence they show the jury is the same evidence police collected. This is a common defense for controlled substances as many times they sit in law enforcement warehouses and crime labs for years.
- Lack of knowledge: In drug cases, there is actual possession and constructive possession. If you lacked the awareness that you were holding drugs or if you lacked control over the drugs, then your attorney may argue that you really did not possess the drugs.
- Entrapment: Under certain circumstances, your attorney can argue that someone else coerced you into doing something drug-related that you ordinarily would not do. This will be difficult to prove if you have a criminal record related to drugs.
- Insufficient evidence: As with any criminal charge, you can argue that the prosecutor’s evidence is circumstantial or so unreliable that it cannot prove guilt beyond a reasonable doubt. If the prosecutor’s evidence is weak, your attorney can argue for a dismissal or enter plea negotiations with confidence and leverage.
- Drug treatment: While not a defense to the charge, a good alternative to incarceration is to volunteer to enter a drug treatment program. The availability of these programs and a prosecutor’s willingness to dismiss charges in those circumstances will depend on the jurisdiction where you are charged.
- Alibi: If you can prove that you were not present at the scene where police found the drugs or where drug-related activity took place, and if your alibi is more believable than the prosecution’s witnesses, this could be a viable defense.
- Character: In any criminal case, your attorney can introduce evidence of your good character. In some cases, your attorney might argue that your history or upbringing has fostered a vulnerability for drugs, or that you lack the coping mechanisms for dealing with societal pressures. They may also just argue that you are not the type of person who would ever use drugs, so the prosecution is mistaken. It will all depend on the facts of your case.
There Are Many Defenses. Get a Lawyer and Use Them.
Drug charges are serious. The complexities surrounding the charges and the many defenses available to you make getting a criminal defense lawyer the best choice for building a strong defense. They will know the best defense for you. Having a skilled drug crime lawyer advocating for you can make a huge difference in so many respects.
Arrested for a Drug Crime?
Experienced criminal defense lawyers in our directory will protect your rights and defend your freedom if you are facing drug charges.
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