There are defenses for false drug possession charges. For example, if you have an attorney on your side, you can argue that there was not enough evidence to support the charges. You can also argue that your drug possession was for personal use. You may be able to get the charges dismissed if there is evidence of a search warrant that was not obtained with probable cause.
The first step is to contact a lawyer who specializes in drug cases. Your lawyer will investigate your arrest and inform you of your options. He or she may need to contact witnesses or investigate the police officer’s history. Often, police conduct an illegal search without a warrant, which can result in a false arrest.
Another defense is to keep your cool and act calmly. A police officer does not want to see someone acting up or yelling at them, so you must remain calm and professional at all times. Also, it is critical that you avoid resisting the police. Resisting may result in serious legal consequences.
Many cases involve weaknesses in establishing “constructive possession.” This means that something was deemed to be in someone else’s possession based on circumstances, and isn’t necessarily yours. For instance, a police officer may find marijuana in a car’s center console without knowing who owned it. This weak evidence can be exploited by a savvy defense attorney.
Drug possession charges can be a huge hassle for you. Moreover, they are often low priority, and prosecutors are overworked. They handle hundreds of cases each month. If you handle your case with the same intensity as you would for a first degree murder charge, you could get your charges dropped or get a reduced sentence as part of a plea agreement.
Regardless of your age, gender, or social status, it is critical to speak to an experienced attorney. With the right legal defense, you could avoid jail time and thousands of dollars in fines. If you are being accused of drug possession, contact an experienced New York criminal defense attorney as soon as possible.
If the quantity of drugs you were caught with is small, some jurisdictions will offer diversion programs. These programs will require you to make a genuine effort to remain drug free. If your treatment plan fails, the prosecutor may pursue the charges. If this option is not feasible, you may want to consider using a diversion program to avoid the consequences.