How to Defend a Drug Possession Charge

Being charged with a crime should always be taken seriously, and if that charge is for drug possession in Las Vegas, it’s incredibly important that you know the various drug possession defenses. Keep in mind that each state has minor changes, but, in general, they tend to follow the same types of regulations.

The charge goes beyond just stating that you had drugs in your possession. It might also determine if you possessed the drugs for the purpose of selling them, or using them yourself. It’s at this point you’ll want to obtain the services of a Las Vegas criminal defense attorney, as they are professionals in this area and in your particular state. Here is a look at the different drug possession defenses that a criminal defense attorney may use.

Analysis by a professional crime lab to prove if it was illegal drugs

It’s important to determine exactly what substance was found in your possession, which is why a crime lab analysis must back up the charge. This is the responsibility of the prosecutor. At the trial, the crime lab technician/analyst will be called upon in order to testify.

Prosecution must produce the drugs that were found

The drugs that were found should be stored as evidence and your attorney may use the defense of asking to see the drugs during the trial. If the prosecutor can’t produce the evidence, then the charges are often dismissed.

Claiming the drugs were planted

Another defense used by criminal defense attorneys, is to claim that the drugs were, in fact, planted on the defendant. This defense isn’t as widely used because it is much harder to prove, making it less successful overall.

The drugs found are not owned by the accused

Just because police found drugs in your residence doesn’t instantly mean they are yours, which is why this is another form of defense. If this defense is used, it will be up to the prosecutor to prove that the drugs that were found actually belonged to the accused.

Claiming that entrapment took place

Entrapment is another common defense that attorneys will use, stating that their client was heavily persuaded into committing the crime by an informant or a police officer. This defense is used if the state is the one who supplied the illegal drugs.

The drugs were allowed – medical marijuana

Keep in mind this defense will only hold up in court in a state that has legalized medical marijuana. Usually, the accused will have to show that they need the marijuana for medical purposes, which can also involve a signed recommendation from the doctor.

A search and seizure took place that was unlawful

This is an incredibly important factor to consider in a drug possession defense. It is stated in the U.S. Constitution under the Fourth Amendment that every citizen is entitled to due process of the law. This means if a search and seizure took place that was performed in an unlawful manner, or that didn’t follow the proper procedures, it will result in that item not being allowed to be used as evidence. This type of defense can often lead to the charge being dropped since the substance found can’t be used as evidence.

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