When the prosecution has charged you with drug possession, they must still prove their case beyond a reasonable doubt. The jury would need to consider your own defenses before they voted to convict you of the crime. Here are some ways that you can defend drug charges.
Lack of Intent
Possession is a crime that requires a showing that you actually intend to have the drugs. If you did not know that the substance in your possession was drugs or did not know that you had them on you, the prosecutor should not be able to obtain a conviction. The same holds true if the drugs belonged to someone else because you did not have the intent to possess them for yourself.
Illegally Seized Evidence
In almost every drug possession case, law enforcement has conducted a search to seize the evidence. Law enforcement must have probable cause to search for evidence. If they conduct a stop-and-frisk, they still must have a reasonable suspicion of criminal activity. If law enforcement illegally conducts a search-and-seizure, the evidence may be suppressed as the fruit of a poisonous tree.
In some cases, the drug arrest results from a law enforcement sting. However, there are limits on law enforcement’s right to entice a law-abiding citizen into committing a crime. Authorities cannot harass or threaten someone into committing a crime. They cannot badger them incessantly because, at a certain point, it crosses a line. An entrapment defense could lead to charges being dismissed or a not guilty verdict.
Call a Sacramento Criminal Defense Attorney
If you are facing drug charges, you need to speak with an experienced criminal defense attorney immediately. The Mason Law Office is here when you need us. Reach out to us online or call us today at 833.770.1372 to talk about your case and possible defenses.