A drug crime is possessing, manufacturing, or distributing drugs that have the potential for abuse. When charged with such an offense, your last line of defense is a drug crime defense attorney. Their knowledge and experience in this type of crime will determine the outcomes of the case.
Developing a defense strategy is quite challenging, depending on the nature of your charges. But your lawyer can use the following strategies in court on your behalf.
Challenging the Means of Obtaining Evidence
Your drug crime defense attorney can fight for your case on its merits by disputing the means used to obtain evidence. This strategy may work if the police officers or investigators violate your civil rights or break the law when collecting evidence after your arrest. It can affect the validity of the evidence presented by the prosecution team in court.
The illegally obtained evidence may come from an illegal seizure of goods, entrapment, or illegal search. And under the exclusionary rule, any party in a legal case can not use evidence analyzed or collected in violation of the defendant's constitutional rights. The court may withdraw your charges or ask the prosecution to present more evidence if this is the case.
Disputing Proof of Possession Beyond a Reasonable Doubt
It is common for prosecutors to fail to establish constructive possession in a drug crime case. In such a situation, they cannot prove that you were indeed in possession of drugs.
For instance, if the arresting officer pulled you over for no good reason, they may not have reasonable doubt to believe you are in possession of drugs. And if they find drugs in the car during a search, your lawyer can argue that the drugs were not yours.
In drug crime cases, like other criminal cases, the prosecution must prove that you (the defendant) are guilty beyond all reasonable doubt. In this case, they need to convince the court that the evidence does not have any other explanation.
Proving the Substance Was Not a Drug
Your drug crime defense attorney might have a shot at getting the court to withdraw or lessen your charges if the substance was not a drug. For instance, the police may mistake herbs you were carrying for illegal substances such as marijuana.
Only a lab test of the substance can prove that it is not a controlled substance. Under federal drug laws, controlled substances include stimulants, anabolic steroids, hallucinogens, depressants, and opioids.
To learn more, contact a drug crime defense attorney such as Gary L. Morris Attorney at Law.
Share7 October 2022
Growing up in a law enforcement family, I learned a lot about how arrests take place, what goes into investigations, and more. That gave me a really unique insight when it comes to criminal defense options and the areas where there may be vulnerabilities or loopholes that can be used in court. I've done a lot of research into the legalities of criminal defense as well, so it's allowed me to merge the two and create a site that offers a comprehensive look at criminal defense options and the court's expectations. It's always best to work with a lawyer, but having an understanding of the basics first will help.