Even if you were caught with drugs in your possession, an experienced criminal defense attorney can help.
Below are a few examples of possible defenses to your charge:
Unlawful Search and Seizure: The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, which provides for a lawful search and seizure prior to an arrest. Search and seizure issues are very common in drug possession cases and are taken seriously. In the event that your Fourth Amendment rights were violated, the drugs cannot be used at trial.
Not Your Drugs: This is pretty straightforward. Essentially, you would claim that the drugs don’t belong to you or that you had no idea they were in your apartment. The Drugs were Planted: This may be difficult to prove, but your attorney can file a motion that will compel the police department to release the complaint file of the given officer.
The Drugs are Missing: It should not be assumed that the drugs in question still exist when the trial begins. In fact, anything could happen to the evidence because seized drugs often get transferred several times before ending up in the evidence locker. Medical Marijuana Exception: States that have a medical marijuana exception will likely require a doctor's signed recommendation.
Crime Lab Analysis: The crime lab analyst will usually testify at trial that the drugs they analyzed were the actual drugs that were found in your possession. Entrapment: Entrapment happens when officers or informants induce a suspect to commit a crime he or she otherwise may not have committed. Usually, entrapment occurs where the state provides the drugs in question.
For these reasons and many more, it is critical to have an experienced attorney advocating on your behalf. Brian Zeiger is an experienced criminal defense attorney who will vigorously defend your rights. Contact The Zeiger Firm today at (215) 546-0340 for a consultation, and let us help you.
Sources
http://www.avvo.com/legal-guides/ugc/constructive-possession-of-drugs--what-does-this-mean http://www.avvo.com/legal-guides/ugc/possession-of-drugs-for-sale-charge http://criminal.findlaw.com/criminal-charges/drug-possession-defenses.html
