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What Defenses Exist to Drug Possession Charges?

On Behalf of | Mar 24, 2020 | Drug Charges |

Not long ago this Georgia criminal defense legal blog offered a post on the significance of drug possession charges. Convictions on drug possession claims can result in incarceration, fines, and other penalties for those affected. Though different drug possession cases may have different outcomes, some drug possession defendants are able to use defenses to improve their legal arguments.

A defense is an argument that either negates or mitigates the claims brought by a criminal prosecutor. Some defenses are complete and absolve individuals of their alleged crimes.  Others may soften the charges or punishments that a person may face if their case is pursued. All prospective defenses that drug possession defendants consider using should be discussed with their attorneys as this post does not provide legal advice.

A common defense that drug possession defendants use at trial is that their Fourth Amendment rights were violated during their arrests. The Fourth Amendment protects individuals from unreasonable searches and seizures. Law enforcement officials may not arbitrarily search people for drugs and may not search more extensively than they can. A violation of the Fourth Amendment may result in dropped charges for a drug possession defendant.

Other drug possession defenses that may serve the needs of individuals include mistakes made regarding the drugs’ owners, drugs planted on criminal defendants by law enforcement officers, substances proven not to be drugs by laboratory analyses, and others. Readers should know that not all cases will be served by the same defenses and consultation with attorneys is a good way to address defendants’ specific needs.

Drug possession charges are not minor legal infractions. They can significantly impair the rights of men and women all throughout Georgia. Defenses may aid those caught in the difficult process of defending themselves from criminal claims.