What are the best drug possession defenses?

August 4, 2022
What are the best drug possession defenses?

In Missouri, drug possession charges are serious. These charges can amount to substantial prison time if convicted. Drugs, or controlled substances, are under state and federal government regulation. While the drugs have different levels called schedules, no matter the drug, many of the strategies to fight drug possession charges are the same.

When charged with drug possession, think back to the search and seizer. If stopped by the police, FindLaw states that a cop may seize drugs if said drugs are in plain view. For instance, if you have drugs on the car’s dashboard and the cop pulled you over legally, then the cop may seize the drugs and make the arrest. Now, on the other hand, if a police officer pulls a car over for no reason and searches without permission, this violates the defendant’s Fourth Amendment rights. Illegal searches and seizers result in thrown out charges.

Another common strategy that police use to make a drug arrest is entrapment. Entrapment occurs if the officers encourage a suspect to commit a crime that he or she would not normally do. For instance, if an informant or cop pushes you to pass drugs to another person, then arrests you for possession, then the police used entrapment and these charges are not valid.

If you face a drug charge but you do not know where the drugs came from, then it is crucial to make a point that you cannot prove who owned the drugs. You should not insist that the drugs were yours if they were not.

Nothing above is considered legal advice but is instead for informational use.


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