What are Common Defenses Against a Drug Possession Charge?

Possession of a drug or illegal substance often carries heavy penalties. However, an arrest for a drug possession charge does not necessarily mean a conviction. Although this crime is taken very seriously in California, a number of defense strategies are available to fight the charges.

To charge someone with a drug possession crime, the prosecution must demonstrate that the accused was illegally in physical possession of the drug. They must also verify that the person knew about possessing the controlled drug.

If you are accused of drug possession in San Diego, you have a right to defend yourself against the charges. Here are some defenses a San Diego possession attorney can help you raise:

• Lack of Possession: Under this defense strategy, you can argue that you did not possess the drug. This defense is based on the idea that you are not guilty if you are not in control over the possession of the illegal substance. It implies that even if you knew the drug was present around you, it did not belong to you. This defense is usually applicable when a group of people is involved, mainly in a car or home shared with other people.

• Duress: Duress is a form of coercion or unlawful pressure on a person to do something against their will. Duress can be used as a defense strategy in a drug possession case to argue that you, the defendant, were coerced, threatened, or forced into possession of the drug under some imminent pressure. Your attorney can use this strategy to argue that the possession of drugs resulted from your reasonable belief that you had no choice. However, for this strategy to be effective, you must prove you had no voluntary control over your actions and that the supposed threat was imminent.

• Illegal Search and Seizure: To search your property, the police should obtain a valid search warrant, seek your permission, or have reasonable suspicion that a crime has been committed. The Fourth Amendment of the U.S. Constitution prohibits government officials from performing unreasonable searches and seizures on individuals. If the police performed a search without a valid warrant, then any evidence they recovered during the search can be declared inadmissible in court. Also, if the evidence against you was obtained unlawfully, you can argue that it should be excluded from consideration, and the charges against you should be dropped. No matter what the law enforcement officials find, the jury will not consider evidence obtained illegally.

Contact a San Diego Drug Possession Attorney Today for Help

If you are facing a drug possession charge in San Diego, you need to talk to an attorney as soon as possible. San Diego drug possession lawyers at The Law Office of Elliott Kanter can help you fight the charges through these and other viable defense strategies. Contact us online or call (619) 231-1883 to schedule a free consultation with Elliott Kanter.