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Defending drug possession charges

On Behalf of | Oct 3, 2022 | Criminal Defense, Drug Charges

Drug possession charges may result in a prison sentence if a defendant pleads guilty or receives a guilty verdict. That said, there are legitimate options to defend possession charges in a Mississippi court.

Countering drug possession charges

Although someone faces drug possession charges, there may be ways to counter the charges effectively. If the police find a bag of white powder on someone’s person, but a lab analysis reveals the substance is baby powder, drug possession charges would not be valid. After all, the person had something that looked like a controlled substance but was completely legal.

Or, the substance might be a controlled one, but a suspect legally possesses them. Anyone with a valid prescription for certain drugs does not possess them illegally.

There could be scenarios where the person had drugs in their vicinity but did not possess them. For example, the drugs could belong to another person, even though they were in the accused’s vehicle or garage. If a defendant raises reasonable doubts about whether they knew about the drugs, a jury might acquit them.

Questions about control sometimes arise. A person with drugs on their person possesses them, albeit possibly unknowingly. Drugs located in an area that the person can exercise no control – such as a secret lockbox in a relative’s room – might not be under the accused’s control.

Other defenses related to civil rights

Situations might arise where law enforcement violates a suspect’s rights. A criminal defense strategy may reveal that the police lacked the probable cause to stop and search a suspect. Some instances require a warrant for searches and seizures. If the police did not procure a proper warrant, obtained evidence could be inadmissible.

Entrapment reflects an illegal action that could undermine a drug possession case. Audio recordings or witness testimony might point to such behavior.

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