Facing drug charges is unnerving if you don’t work with a lawyer. Understanding the law and how evidence works is, therefore, key. This article will break down how evidence can be disputed in a drug charge possession case,
To ensure the best outcome, working with a criminal defense lawyer for drug possession is always in your best interest. Not only will a lawyer advise you legally, they’ll also protect your rights and ensure you’re treated fairly. A drug possession criminal defense lawyer in Carteret County does more than defend you; they’ll also advise you to make more informed decisions.
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What is Drug Possession?
Before we get into how to dispute evidence, let’s define what drug possession means legally. In simple terms, drug possession is when you have illegal drugs on your person or in your control. But, the legal definition is more complicated. There are two types of possession: actual and constructive.
- Actual Possession: Actual possession is when the drugs are found on your person, like in your pocket or your hand.
- Constructive Possession: Constructive possession is when you have control over the drugs, even if they’re not on you. For example, if drugs are found in your car or apartment and you can access them, you can be charged with constructive possession.
What the State Must Prove
It’s also important to know that the prosecution must prove you knowingly and intentionally possessed the drugs. This means they must show you were aware of the drugs and were able to control them. If you didn’t know the drugs were there or someone planted them on you, you may have a defense.
Drug possession must be established beyond a reasonable doubt. The prosecutor needs to show you knowingly possessed a prohibited substance and the drug was unlawful. It’s not enough to show the defendant was located where the police found an illegal drug.
Disputing the Legality of the Search and Seizure
Based on the Fourth Amendment, law enforcement generally needs a warrant to search your person or property.
There are exceptions to the warrant requirement, such as when there is probable cause to believe a crime is being committed or when you consent to the search. However, these exceptions are not always clear-cut, and legal arguments about whether they apply to your specific case can exist.
If the search and seizure were unlawful, any evidence obtained may be suppressed, meaning it can’t be used against you in court. For example, if officers searched your car without a warrant or probable cause and found drugs, the drugs may be excluded from the evidence. This oversight can weaken the prosecution’s case and potentially get the charges dropped.
To dispute the legality of a search and seizure, your criminal defense attorney will file a motion to suppress evidence. This motion will argue the search violated your Fourth Amendment rights. The court will then hold a hearing to determine if the search was lawful. If the judge agrees it wasn’t, the evidence will be suppressed.
Disputing the Chain of Custody
Another way to dispute evidence is to argue the chain of custody. The chain of custody refers to the documented record of who had the drugs from when they were seized to when they were presented in court. Ensuring that the evidence hasn’t been tampered with or altered is essential.
If gaps or inconsistencies exist in the chain of custody, they can raise questions about the evidence. For example, if the drugs weren’t properly stored or if there’s no record of who had access to them, there can be reasonable doubt about whether the drugs presented in court are the same drugs that were seized.
Your attorney can review the chain of custody documents and question the officers and evidence technicians involved in handling the drugs. The judge may exclude the evidence if serious issues with the chain of custody exist.
Disputing the Drug Testing
Drug testing is used to identify the substance seized. However, drug tests are not always foolproof and can be wrong. Your defense attorney can dispute the drug testing by questioning the methods used, the qualifications of the person who did the test, and the possibility of contamination or error.
There are different types of drug tests, and some are more reliable than others. Your attorney can consult with experts to determine if the test used in your case was appropriate and if the results are accurate. They can also investigate the laboratory procedures to ensure they were followed correctly.
If there’s a doubt about the drug test, the judge may allow you to have the substance retested by an independent laboratory. This can give you additional evidence to challenge the prosecution’s case.
Disputing the Credibility of Witnesses
In some cases, the prosecution’s case will rely heavily on the testimony of witnesses such as police officers or informants. Your criminal defense attorney can dispute the credibility of these witnesses by pointing out any inconsistencies in their statements, potential biases, or records.
For example, if a witness has a criminal record or a motive to lie, this can affect their credibility. Your attorney can cross-examine the witnesses to expose any weaknesses in their testimony. They can also present evidence that contradicts what the witnesses have said.
Disputing the credibility of witnesses can be a powerful defense strategy, especially in cases with little physical evidence. If the judge or jury doubts the witnesses’ testimony, it can create reasonable doubt about your guilt.
How Charges May Be Reduced Based on the Evidence
Depending on the strength of the evidence and the success of your defense strategy, you can have the charges reduced. For example, if your attorney successfully disputes the legality of the search and seizure and the drugs are suppressed, the prosecution may have to drop the charges altogether.
Even if the evidence isn’t suppressed, there may be opportunities to negotiate a plea bargain with the prosecutor to reduce your charge. Factors such as the amount of drugs involved, your prior criminal record, and the circumstances of the offense can all impact the outcome of plea negotiations. If you have a strong defense, the prosecutor may be more willing to offer a good plea.
Why You Need a Competent Criminal Defense Attorney
Drug possession charges can be a confusing and intimidating experience. Comprehending the legal system and understanding your rights can be confusing if you’re unfamiliar with the law. That’s where a criminal defense attorney can help.
A reasonable attorney has the knowledge and experience to investigate your case thoroughly, find potential defenses, and develop a solid strategy. They can negotiate with the prosecutor, represent you in court, and protect your rights.
Hiring an attorney can give you peace of mind and increase your chances of a good outcome. They can explain the law in plain English, answer your questions, and inform you about your case.
An attorney can also protect you from making mistakes that harm your case. For example, they can advise you on what to say to the police and ensure your rights aren’t violated during questioning. They can also ensure you avoid making incriminating statements that can be used against you in court.
Review Your Drug Possession Case with a Criminal Defense Lawyer
In summary, challenging evidence in a drug possession case requires legal knowledge and a good defense strategy. By disputing the legality of the search and seizure, attacking the chain of custody, arguing the drug testing, or denying the credibility of witnesses, your lawyer may weaken the prosecution’s case and get the charges reduced or dropped.
Working with a criminal defense lawyer for drug possession can lead to better results. Speak to a criminal defense attorney now.