4 Common Drug Possession Defenses

To deter their usage and distribution, the penalties and punishments for drug possession can be incredibly harsh. Defendants found guilty can end up facing hefty fines and years of jail time — but even if they are charged with possessing drugs, that doesn’t mean they are automatically guilty. There are many ways to defend yourself in court against a possession charge, so let’s take a look at four common drug possession defenses.

Unknowing Possession

In order to be found guilty of possessing drugs, it must be proven that the defendant had drugs on them to begin with. However, it’s just as important to demonstrate that they were aware of the possession as well. This means that proving they had it unknowingly is among the more common drug possession defenses. For example, if you were to borrow a car containing narcotics, or someone you know left some at your home without your knowledge, you can use unwitting possession as a defense.

Improper Seizure

Several common drug possession defenses involve identifying the unlawful behavior of the police officers who made the arrest. There are several mistakes that officers can make throughout the process, such as illegal surveillance and forced confessions. However, one of the more common behaviors that can be used as a legal defense is improper seizure. When officers have a warrant, they are able to inspect and enter specific locations. Because they cannot go to places not specified by the warrant, anything they find in those areas cannot be used in court — including drugs. Only drugs found in plain view, or in areas they are permitted to search under a warrant, can be used as evidence.

Forced Possession

It’s still possible for defendants who knowingly possessed illegal substances to avoid charges if it is proven they were under duress. To avoid detection and get away with their unlawful behavior, manufacturers and dealers of illegal drugs intimidate and coerce others into doing work for them. This means that if you were forced to transport drugs because of a threat, you would be considered to have acted under duress.

Crime Lab Results

The results of a crime lab analysis can potentially be used as a drug possession defense, depending on the circumstances. For example, even if a substance looks like an illegal narcotic, it might not necessarily be one. If the crime lab reports that the substance in the defendant’s possession is not illegal, or if an error was made in the analysis, it’s possible for the charges to be dismissed.

If You’re Charged With a Drug Possession Charge, Give Us a Call

Anyone who needs the assistance of a criminal defense attorney in Burlington County, NJ can reach out to The Law Office of Zapicchi & Liller, LLP. In addition to defending drug charges, we offer a wide range of other legal services. To learn more about our practice areas and to schedule your consultation, don’t hesitate to contact us today.