Drug Possession Charges

If you have been charged with drug possession, either for your personal use or for intent to sell, you will face serious consequences if proven guilty. Such convictions come with serious punishments including hefty fines and years of prison term. Besides, the stigma that is associated with such crimes will affect your life even when you are out of prison. That is why it is important for you to find a competent criminal defense attorney when you are facing drug charges.Click this article

The criminal defense lawyer will determine the defenses that will apply to your case, if you choose to plead not guilty. The federal government has some of the harshest guidelines for drug sentencing. However, every state approaches the problem according to the specific drug laws of the state. Defense to these crimes is often the same no mater where the crime has taken place.

When defending drug possession charges, lawyers either challenge the testimonies, stated facts and evidence or they challenge procedural errors such as search and seizure violation and so on. Depending on the case, the defendant may also defend the charges based on affirmative defense. In some states medical marijuana may be allowed for use. This could be used for affirmative defense. Some of the common defenses are discussed below:

Illegal search and seizure: The U.S. Constitution states the lawful way of conducting search and seizure before an arrest. Not abiding by that is considered to be illegal. Taking advantage of that, the defense lawyers use illegal search and seizure when fighting the charges. This is one of the most common defenses for drug crimes. For example, when drugs are found in plain sight, for example, the dashboard of a car, it may be used as evidence. However, if the officer seized the drug forcefully breaking the lock of the car’s trunk, it would not be considered as evidence.

The drugs do not belong to the accused individual: The most common defense to any crime would be to deny doing it. Your lawyer will try to prove that you have not committed the crime that you are being accused of. You would need to claim that the drugs are not yours or you had no idea that the drugs were there in your apartment.

If you have been charged with drug crimes, you would need to hire criminal attorneys for defending the charges. Nevada has strict drug laws and you must find a competent attorney who can help you stay out of jail.