Defending Against Drug Possession Charges: Your Legal Rights

by | May 15, 2024 | Blog | 0 comments

Defending against drug possession charges can be complex, but understanding your legal rights is crucial. This blog post will discuss five key points to protecting your legal rights.

1. Right to Legal Representation

You have the right to an attorney. The court must appoint a public defender if you cannot afford one. A qualified attorney can help you understand the charges, assess the evidence against you, and develop a strong defense strategy.

2. Illegal Search and Seizure

The Fourth Amendment, a cornerstone of our legal system, protects you from unreasonable searches and seizures by law enforcement. If the drugs were discovered through an illegal search, your attorney may file a motion to suppress the evidence, which could lead to the dismissal of the charges. This protection ensures that your rights are safeguarded, even in the face of serious allegations.

3. Challenging Possession and Chain of Custody

Prosecutors must prove beyond a reasonable doubt that you knowingly possessed the drugs. If the drugs were found in a shared space or you were unaware of their presence, you may have a defense against possession. Furthermore, gaps or inconsistencies in the chain of custody could weaken the prosecution’s case.

4. Entrapment

If law enforcement induced you to commit the crime of drug possession that you otherwise would not have committed, you may have a defense of entrapment.

5. Medical Necessity

Individuals may sometimes possess drugs for medical purposes or under a doctor’s prescription. It could be a valid defense if you can prove that your possession was medically necessary and lawful.

It’s essential to consult with an experienced criminal defense attorney as soon as possible after being charged with drug possession to protect your rights and explore your legal options.The Law Offices of Reginald Keith Davis will work diligently on a defense strategy for your drug possession case. Whether that involves challenging the chain of custody or negotiating a plea bargain, we will protect your rights. 

Contact us today for your confidential consultation

Phone: (913) 299-8789