What Defenses Can a Criminal Lawyer Use in Drug Possession Cases?

If you’re being charged with a drug crime here in East Hartford, CT, don’t think that just because the charges have been filed that the case is a slam dunk against you and there’s nothing that can be done. There are several things that a criminal lawyer can do to defend you.

Argue the Search Was Illegal

If the police did not have a search warrant, then they must have reasonable cause to believe that you are engaged in illegal activity to search you. One of the first avenues of defense is to investigate the whole incident and discover whether the police had a legal reason to do what they did. If it turns out they did not, then any evidence they turned up could be excluded; and without evidence, it’s going to be very difficult to bring a case against you.

Challenge the Crime Lab Analysis

Once the police take what they think are drugs, they must officially prove that that’s indeed what they are. This means they have to send the “drugs” to their crime lab to be analyzed, and your lawyer will look into whether there are any errors in the report or concerns about that lab.

If there are any issues in the report or a history of concerns about the lab, your lawyer may be able to require the crime lab analyst to testify at trial and the crime lab to prove their testing methods are accurate. You might be surprised how many labs fail under proper scrutiny.

Contest the Chain of Custody

If drugs are seized in a search, even a legal one, the police must be able to document and verify the entire “chain of custody” from start to finish. If that chain is broken or suspect at any point, your attorney can challenge the drugs, and they may not be usable in court.

Arguing the Drugs Aren’t Yours

Another possibility for defense is showing that the drugs didn’t belong to you. The prosecution has to show that you had control of or access to the drugs, and while “access to” is a fairly low bar, it’s still possible in many cases to challenge this and introduce reasonable doubt. It really all depends on the precise circumstances of the case.

If you were found with drugs actually on your person or sitting on the front seat of your car, you can’t argue you didn’t have access and control. But if the drugs were found in a drawer of a shared home, or if you were driving a friend’s car and the drugs were found in the trunk hidden under the mat, it might be easier to introduce doubt.

Talk With a Criminal Lawyer Right Away

Don’t wait to talk to a criminal attorney, and don’t speak to the police or introduce any of the above theories on your own, as it could backfire. Call the Adler Law Group, LLC Attorneys at Law in East Hartford, CT now at 959-256-2177.

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