Drug possession might appear as a straightforward criminal offense. The narrative is usually simple: you had drugs; hence, you were arrested. Law enforcement will often make it seem like your fate is sealed. However, the complexities of drug possession are not as simple as they appear. There can be numerous factors contributing to your possession of the illicit substance, many of which may not be directly your fault. If you’re up against possession charges, you shouldn’t concede without a fight. Everyone deserves their chance to defend their position in court. Here are seven crucial defenses you can consider against drug possession charges:
UNINTENTIONAL POSSESSION:
Not knowing about drugs on your person could be your defense. The prosecution has to demonstrate intent behind your actions. Mere possession doesn’t necessarily establish intent. Circumstances matter. For instance, finding drugs in a car you borrowed doesn’t directly link the drugs to you.
ABSENCE OF POSSESSION:
This defense posits that even if drugs were near you, they weren’t yours. For example, if you’re in a group and drugs are found, there’s no direct evidence linking them specifically to you.
DURESS:
You might’ve been coerced into carrying drugs, either due to overt threats or implied danger. The defense revolves around proving that you were acting under immediate and credible threats, making you involuntarily involved.
ILLEGAL SEARCH AND SEIZURE:
Protected by the Fourth Amendment of the U.S. Constitution, and Article 2 Section 10 of the New Mexico Constitution, any evidence found during an unwarranted search can be dismissed. It’s essential to ensure that law enforcement acted within the bounds of their authority.
POLICE ABUSE OF POWER:
This pertains to situations where law enforcement may have acted beyond their jurisdiction, such as unauthorized surveillance, prolonged detainment, or coercive interrogations. Any confession or evidence obtained in such a manner can be contested in court.
DESTRUCTION OR LOSS OF EVIDENCE:
Your right to have all pertinent evidence presented is fundamental. If the prosecution or law enforcement fails to produce this evidence, it could infringe upon your rights, affecting the fairness of your trial.
ENTRAPMENT:
Entrapment doesn’t just mean the police set a trap. It suggests they induced you to commit a crime you wouldn’t typically engage in. It’s not just about being misled, but about being manipulated into illegal activities.
The Law Offices of Barry Klopfer PC is dedicated to defending individuals against drug possession allegations. Should you find yourself in a legal bind, reach out to us at (505) 722-9331. Your initial consultation is complimentary, with no obligation.