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Viable defenses against drug possession charges

| Apr 13, 2021 | Criminal Defense

Georgia residents who are arrested for possession of drugs can face life-changing charges. Formulating a drug possession defense starts with understanding the specific circumstances regarding a case. While it’s highly advisable that you always seek help from an attorney in this type of case, we’re going to go ahead and discuss some of the various defenses that may be used to help prove your innocence.

Unlawful search and seizure

A commonly used form of criminal defense when it comes to drug charges is that the defendant’s Fourth Amendment right was violated. The U.S. Constitution guarantees every citizen the right to due process of law, which includes protection from unlawful searches and seizures. It’s important to realize that there are different circumstances that can consider a search unlawful. For example, if one is pulled over and the officer sees illicit drugs in plain view on the dashboard, they have the right to seize the drugs. However, if the drugs are out of clear view in the trunk, the officer does not have the right to open the trunk without the driver’s permission.

The drugs belong to another party

Another type of criminal defense used when it comes to drug possession charges is to state that the drugs belong to another party. When undergoing this type of defense, you’ll need to show that you didn’t know that the drugs were in your possession. For example, if you’re arrested because a joint is found in plain sight in your vehicle, you may state that it belongs to another passenger.

Being charged with drug possession either for personal use or the intent to sell can change your ability to be employed at certain places. While it might seem difficult at first to formulate a defense for the charges against you, most criminal defense lawyers have default defenses that they use. The above are just two of the most commonly used offenses in these types of drug cases.

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