Drug charges are some of the more difficult charges to defend and often result in a high percentage of convictions. The biggest challenge lawyers who help clients facing drug charges face is how to defend possession charges, even in small amounts. A number of defenses may be applicable; however, preparing a defense for drug charges of any kind can be difficult.
Proving Drug Possession
When a person is charged with possession of an illegal substance, the prosecutor must prove that the person was in possession of that particular substance. It is the job of the lawyers who help clients facing drug charges to defend their clients against those charges. There is often a question of an affirmative link between the substance found and the defendant because the drug in question is often found in a defendant's residence, car, or other place accessible to the accused. Proving a defendant was in possession of an illegal substance requires more than simply finding that substance in a place accessible to the defendant. If the prosecution cannot establish a strong enough case to prove that the drugs belonged to the defendant, the affirmative link defense might be successful.
Search and Seizure Laws
Since most drugs are found at a residence or in a vehicle, the question of a legal search may come into play. Any police search must be carried out legally in order for the physical evidence obtained by a search to be admissible in court.
A legal search is one where either a warrant is issued or a police officer has a lawful reason to stop and search a person, their vehicle, or their residence. Any other circumstances can be argued as being unlawful. Claiming a search is unlawful is a strong argument used in defending against drug possession charges. If it can be proven that a search was done illegally, the charges may be dropped.
Proving A Substance is An Illegal Substance
When a person is charged with possession of an illegal substance, the defense has the right to request evidence proving that the substance found is actually an illegal substance. Depending on the progression of the case, lawyers handing the defense of drug charges may be able to request that evidence be presented to prove the substance in question is illegal. Failure to do so can lead to charges being dropped.
These are some the defenses used by attorneys who represent clients facing drug charges. These dedicated attorneys will use every possible avenue to challenge the evidence brought against their clients. Anyone facing drug charges should seek the help of attorneys who are experienced in defending these types of cases to ensure that all applicable defenses are presented.
Gray, Granberry & Jones, Attorneys at Law
103 N. Main Street
Bryan TX 77803