When it comes to facing drug possession charges, you may feel overwhelmed and unsure how to proceed. You might feel that a plea deal is your best solution. A guilty plea, even to a lesser charge, leaves you with a criminal record for the rest of your life. Sometimes, it is better to consider fighting the charges instead.
You have options to defend yourself against drug possession claims.
1. Fourth Amendment violations
The Fourth Amendment protects your right against unlawful search and seizure and defines what qualifies for a lawful search. Police officers with a search warrant may search your property only within the parameters of that warrant. Anything found beyond the warrant scope is inadmissible unless the plain view doctrine applies.
The plain view doctrine allows officers the right to observe anything in the open and in plain view. Without a search warrant, officers must have your consent to search or probable cause, typically encouraged by something found in plain view. Any deviation from these guidelines constitutes an illegal search.
2. Inaccuracies in evidence
When the police depend upon inaccurate information as a basis for their charges, your attorney can shed light on those inaccuracies to sway the case. Compromised lab testing, chain of custody issues or even coerced statements qualify as inaccuracies in your case.
These are two common ways to fight drug possession charges. Your attorney can review the case and help you find the best avenue for defense. Proactive defense is important to secure your freedom and protect you from a lifelong criminal record.