What are Potential Defenses to Drug Crimes?
If you’ve been accused of a drug crime, such as possession of a controlled dangerous substance for personal use, possession of marijuana in the first degree, or drug distribution, you’re probably worried about your prospects for succeeding in beating the case against you. Don’t let a public defender pressure you to plead guilty to charges for a crime you didn’t commit. Read on to learn more about possible defenses to Alabama drug charges, and speak with our attorneys about possible strategies to avoid a drug offense conviction.
Improper search and seizure
Police officers are not free to search the home or car of any citizen without probable cause to believe a crime is being or has been committed there. If a police officer lacked a required warrant or the warrant was based on insufficient evidence, then anything the police officer discovered or seized when conducting a search using that warrant will not be admissible in court.
Drug belonged to someone else
If a police officer happens to find illegal substances out in the open where you’re present, you can be charged with possessing that substance, even if you weren’t the one who brought the substance. However, you may be able to argue successfully that you did not know the substance was present, or that you did not realize what the substance was, or that it was illegal.
Drugs not presented in court
The police officer who arrested you while you were in possession of an illegal substance must be able to present the substance he or she found during your criminal trial. If the officer fails to bring the seized substance or drug paraphernalia to court, and cannot locate the substance, then you cannot be found guilty of having possessed it.
Sometimes, police may arrange a drug buying or selling sting operation which goes too far in coercing unwitting individuals into committing a crime they had no intent to commit. While entrapment can be difficult to prove, a skilled defense attorney who can show that the law enforcement officers provided the drugs at the center of the case may succeed in proving that you cannot be prosecuted for participating in the sting operation in question.
If you have been charged with a crime in Alabama, such as burglary, drug possession, or assault, seek help in defending yourself against these claims by contacting Dothan criminal defense law firm Smith & McGhee for a consultation on your claims at 334-702-1744.