Defenses to Drug Possession Charges
Facing drug possession charges is scary. You may feel angry, scared, hopeless, and alone. And while it may seem like there is no way out, there is hope. An experienced drug possession defense attorney can evaluate your situation to determine the best drug possession defense for you.
Drug possession charges are serious, and a conviction carries severe penalties, ranging from probation and drug treatment to mandatory jail time and significant fines. But The Lebedevitch Law Firm will mount a vigorous defense to protect your rights and fight to have the drug possession charges reduced or dismissed.
The Drugs Were Not Yours
One of the most effective strategies used by a drug possession defense attorney is showing that you were not in possession of drugs.
The police do not need to actually find drugs on your person to charge you with drug possession. It is enough to show that you have access to or control over the drugs. If the drugs were not physically found on your person and you can show that other people had access to the drugs, you can claim that the drugs were not yours.
This defense is most effective when you share a house with roommates or when drugs are found in a car with multiple occupants.
When you claim unwitting possession, you acknowledge that there were drugs in your possession but claim that you did not know or reasonably know that you were carrying drugs. This defense may be available if you were carrying a bag or package for someone else but did not know its contents.
Illegal Search and Seizure
Even if you were in illegal possession of drugs, police and other law enforcement officers are legally required to follow the proper procedures and protocols when investigating and charging you with a crime. If they lacked probable cause to initiate a stop, illegally performed a search, or did not properly read you your Miranda rights, evidence that was illegally obtained cannot be used to try to convict you.
Not a Drug
It may sound obvious, but prosecutors must prove that the substance you possessed was actually a drug. To do this, prosecutors must present evidence from a crime lab confirming that the substance in your possession was actually a drug. This is not always as straightforward as it may seem.
If there were irregularities with how the drug was tested or analyzed, a drug possession defense attorney can argue that the substance was not actually a drug.
Chain of Custody
Similar to claiming that the substance was not a drug, a drug possession defense attorney may be able to attack the chain of custody. Chain of custody refers to the manner in which evidence was processed and handled in a criminal investigation.
When police arrest someone for drug possession, evidence is seized and stored in an evidence room or locker. At trial, the prosecutor must prove that the substance tested was the same substance taken from you when you were arrested. If the prosecution cannot establish the chain of custody, a drug possession defense lawyer can claim that law enforcement improperly handled the evidence and argue that the drugs presented as evidence are not the same ones that were taken from you when you were placed under arrest.
Entrapment occurs when a police officer or a confidential informant induces a suspect to commit a crime they would not have otherwise committed. For example, if a police officer used threats, harassment, or fraud to encourage you to buy drugs, entrapment might be a viable defense.
Contact A Drug Possession Defense Attorney Today
A conviction for drug possession can have serious consequences, including hefty fines, jail time, the loss of your driver’s license, or mandatory attendance at substance abuse treatment. But The Lebedevitch Law Firm can help.
Drug possession defense attorney Stephen Lebedevitch will carefully analyze your situation to determine which defenses are viable and will have the best chance of winning. He will aggressively challenge the evidence, build a strong case to defend your rights, and fight for a Not Guilty verdict.
The Lebedevitch Law Firm is based in Fairfield, Connecticut, and proudly people accused of crimes in Stamford, Greenwich, New Canaan, Norwalk, Darien, Rowayton, Fairfield, Trumbull, Westport, Wilton, Weston, Danbury, New Haven, Bethany, Woodbridge, Milford, Stratford, Bridgeport, and throughout the State of Connecticut.
To learn more about The Lebedevitch Law Firm and how we can help, contact a drug possession defense attorney today to schedule a confidential consultation to discuss your situation.