Mounting a defense against drug charges

September 25, 2017

Category: Drug Crimes

When you are charged with a criminal offense involving drug charges, the resulting repercussions can bring about life-changing consequences, including jail time and significant fines. Zealous law enforcement efforts combined with societal pressures to aggressively go after potential drug offenders can sometimes lead to procedural errors or other mistakes. Just because you are charged with a drug crime, it does not mean you are automatically guilty. There are several drug charge defenses an attorney can employ to help you preserve your freedom. Some of the more commons defenses are:

Entrapment. When law enforcement uses a sting operation, sometimes a suspect is induced to commit a crime they would not have done otherwise. If officers or informants coerce a suspect to commit a crime under these circumstances, the charges can be questioned and possibly dismissed.

Unlawful search and seizure. If inappropriate procedures regarding search and seizure take place, then you may have the basis for a case to be thrown out by the court. The Fourth Amendment of the U.S. Constitution guards against wrongful search and seizure, and exploring all avenues in this regard are quite common in drug cases.

Drug analysis. Drugs that are seized during an arrest must be sent to a crime lab for testing to prove they are what they appear to be. Testing in a clinical setting can sometimes prove that just because a drug may appear to be something in the field, that may not be the case in a clinical setting.

Drugs are not the property of the suspect. One way to fight a drug charge is to deny that you had any knowledge that the drugs in question were in your possession. This might be the case if other people are riding in a vehicle and it is pulled over or if several people have been at a residence and drugs are found at the scene. Raising a reasonable doubt may provide an ample enough defense to have charges dismissed.

Bowser Law serves clients in communities throughout Massachusetts and New Hampshire.

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