Drug possession charges are sometimes considered less serious than those associated with drug dealing. While it is true that the consequences aren’t as harsh for possession, a conviction can have grievous impacts on your future. Because of this, you need to establish your defense strategy early so you can build on it as needed.
There are various options for a defense strategy. You will likely have a primary component and a secondary one to think about. These must be fact-based and work together to show that you shouldn’t be found guilty of the charges.
Location of the drugs
The location where the police officers found the drugs matters. There is little you can do if they are found on your person, but some individuals have tried to claim that someone else put them there. If they are found in common areas, such as on the living room table, you might be able to argue that anyone in the room might have placed them there. The circumstances will dictate what is possible.
Where police officers find drugs is also important because it impacts search and seizure laws. If the drugs were in plain sight, they don’t need permission or a warrant to get them. If they were hidden from view, things might change. Be sure to discuss this aspect of the case with your attorney so they can advise you on what it means for your defense.
Conduct of the officers
The conduct of the police officers can impact your defense strategy. They can’t violate your rights at any point during the encounter with you. For example, they should read you your Miranda rights if they are arresting you and prior to interrogations. Failing to do this could invalidate any information they gathered while speaking to you.
Proper documentation and storage of all evidence is critical in criminal cases. It is possible that somewhere along the chain of custody that someone misplaced some or all of the evidence from your case. If this happens, you can use that point in your defense strategy.
Ultimately, your defense case has to be factual and tailored to your situation. Taking the time to consider all the options can help to ensure you have a plan you are comfortable with at each stage of your case.