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What defenses are available against drug charges?

While it may seem like drug possession charges are final and cannot be challenged, this is not always the case. Albany residents who are facing criminal charges should know that they have legal defenses available to them and an experienced attorney can help them prepare an aggressive defense to protect their rights.

Defendants have the constitutional right to due process of law, which means that searches and seizures preceding an arrest should be lawful. While drugs found in plain sight can be used as evidence after a legal traffic stop, items found after prying open the car’s trunk when permission is not given can violate someone’s constitutional rights. This is perhaps one of the most common drug charges defense strategy that can be used.

The prosecution must prove that the drugs in question belonged to the defendant and not someone else. A common defense to drug charges is to say that the drugs do not belong to the person or that the person did not know they were in the residence. A less common strategy is to claim that the drugs were planted in the apartment or the house, and it might be possible to question the complainant who claimed drugs were in the location. It might also be possible to challenge the exact nature of the drugs-the illicit drugs must be proven to be the unlawful ones it is believed they are through a crime lab analysis.

The criminal justice system is a complicated one and can be overwhelming for someone who is going through it for the first time. Drug charge defenses might be possible and an experienced attorney can provide guidance on how to proceed.