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Drug possession defenses

On Behalf of | Jan 16, 2023 | Criminal Defense, Drug Offenses

Persons arrested in Florida on drug possession could face felony or misdemeanor charges based on several factors. A significant amount of drugs may lead to a possession with intent to distribute charge and a possibly lengthy sentence. Those arrested with a more limited amount would have a chance to defend themselves against a possession charge in criminal court, and several defense strategies could be viable options.

Drug possession defenses

Sometimes, the accused may face charges resulting from the possession of marijuana. However, the person could have a legitimate prescription for medical marijuana and abides by all rules associated with its use. Providing a valid prescription might address the charges.

If the drugs do not belong to the person charged with possession, the charges would lack any merit. However, the police could find the drugs inside property owned by the person accused. A criminal defense strategy may involve proving someone else planted or hid the drugs.

The police could arrest someone for possession of an illegal substance, but a subsequent lab report may reveal otherwise. That is, the police may believe a white powder is heroin or cocaine, but the lab report shows no illegal drugs.

Misconduct and other issues

Police misconduct could undermine drug possession charges. For example, the officer may engage in entrapment, violating the suspect’s rights. Law enforcement officials might lack probable cause or a necessary search warrant when performing an arrest or conducting a search. In those situations, the defense may file a motion to suppress illegally obtained evidence.

Evidence might even go missing at the precinct. Prosecuting someone when the physical evidence is gone may prove impossible. While instances of disappearing evidence could be rare, they sometimes happen. A defendant might capitalize on the scenario.

If you find yourself charged with drug possession, admit nothing to the police that could harm your defense.