When it comes to drug charges, possession is one of the lesser charges you can face. Even though these charges might not seem as bad as trafficking charges or even selling charges, you must still work on getting a defense together if you plan to fight against them. The strategy you use for your defense should be based on the circumstances of the case and the points that you need to call into question.
One of the most common defenses for drug possession charges is making a claim that the drugs aren't your drugs. This wouldn't likely be a good option if the drugs were found on your person; however, if the drugs were merely found near you, it might be a good defense strategy. This is one defense that might be difficult, but not impossible.
Another possible defense is that the drugs that were recovered were recovered illegally. This goes along with the blog post from last week in which we discussed how civil rights violations are common. The Fourth Amendment sets the guidelines for searches and seizures. If any of those were violated, you can use that information as part of your defense strategy.
It is sometimes possible to call the actual substance into question. This would mean that you are asking the prosecution to prove that the substance they got is what they are claiming. This will usually mean that an analyst from the crime lab has to testify.
Coming up with a drug possession defense can be difficult. Each possibility might have pros and cons that you must consider before you settle on that specific option.
Source: FindLaw, "Drug Possession Defenses," accessed Aug. 26, 2016