Facing a drug possession charge can be a daunting experience, with significant legal consequences. However, there are several defense strategies that can potentially lead to these charges being dismissed.
At Simmons Wagner, LLP, our experienced criminal defense attorneys employ various tactics based on the specific details of each case. Here are five effective strategies that could help get a drug possession charge dismissed. Contact us at (949) 439-5857 to request a free legal consultation.
Strategy 1: Challenge the Alleged Possession
To be convicted of drug possession, the prosecution must prove you actually possessed the drugs. This can be actual possession, where the drugs are found on your person (e.g., in your pockets or your backpack), or constructive possession, where you have control over the place the drugs are found (e.g., your car, home, or another location you have access to).
If you can demonstrate that you neither had physical control over the drugs nor access to their location, you might successfully challenge the possession aspect of the charge.
Strategy 2: Drug Diversion Programs
Drug diversion programs offer a second chance for individuals facing simple possession charges. These programs typically involve some form of drug treatment or education and, upon successful completion, result in the dismissal of the charge. This option is generally available to first-time offenders and is an excellent way for eligible individuals to avoid a conviction and the accompanying criminal record.
Strategy 3: Valid Prescription Defense
If you’re charged with possession of prescription drugs like Vicodin, Oxycontin, Xanax, or Codeine, a valid prescription from a licensed medical professional can serve as a strong defense. Demonstrating that you legally obtained the medication can effectively counter the charges, as the burden is on the prosecution to prove illegal possession beyond a reasonable doubt.
Strategy 4: Lack of Knowledge
Under the law, to be guilty of possession, you must have known that what you possessed was a controlled substance. If you can prove that you were unaware of the nature of the substance—for instance, if someone gave you pills claiming they were a legal, over-the-counter medication—you may have a viable defense. This argument can be particularly persuasive if there is believable evidence supporting your claim of ignorance.
Strategy 5: Illegal Police Conduct
Violations of your constitutional rights can also provide grounds for dismissing a possession charge. This could involve unlawful search and seizure, such as a police officer searching your home without a warrant or probable cause, or failing to read your Miranda rights during an arrest. Demonstrating that law enforcement acted improperly can lead to evidence being thrown out, which often cripples the prosecution’s case.
Contact an Attorney Now for a Free Legal Consultation
If you are facing a drug possession charge, it’s crucial to consult with a skilled defense attorney who can evaluate the specifics of your case and determine the best approach. At Simmons Wagner, LLP, we understand the complexities of drug possession defenses and work diligently to protect our clients’ rights. Contact us at (949) 439-5857 for a consultation and to learn more about how we can help you navigate these challenging circumstances.
Remember, each defense strategy requires a thorough investigation and skilled argumentation, making it essential to have an experienced attorney who can effectively advocate on your behalf.