Mark M. Cheser 35 Years of Criminal Defense Experience
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Drug possession defense techniques

Imagine you were walking down the street and suddenly a police officer started yelling at you to halt. The next thing you know, he's slapping the handcuffs on you and accusing you of drug possession. However, you know without a shadow of a doubt that you haven't seen an illegal substance since you were in college.

Strangely, the police officer assumed you were carrying drugs when a search of your backpack revealed what was merely a plastic baggie filled with protein powder. Due to the officer's inexpertness in identifying drugs in the field, you were arrested and accused of a serious crime. In your case, the first of the drug possession defense techniques that follow could apply:

Crime lab analysis

To the arresting officer, it looked like drugs; smelled like drugs; and felt like drugs. The thing is, it wasn't drugs. A variety of substances could easily appear as if they are cocaine, LSD or some other illicit substance.

In order for a conviction to occur, however, the prosecution must submit the substance to a crime lab for analysis. Many defendants get their charges dropped or dismissed after it becomes clear that the officer confused an innocuous substance to be an illegal one.

Unlawful search and seizure

In the United States, police need to have a viable reason for suspecting you of a crime if they want to stop, pull-over, detain or search you, your person, your car or your residence.

Failure to have a reason to suspect you is grounds for the police action to be an unlawful search and seizure. Even if the police find an illegal substance, the charges brought against you following an unlawful search and seizure will likely be null and void.

The drugs were a prescription

Many individuals get arrested and accused of illegal drug possession when they were actually in possession of drugs that their doctors prescribed. In these cases, defendants can usually get their charges dropped by submitting proof of the prescription in court.

Were you arrested and accused of drug possession?

If you're facing drug possession charges, you may have a variety of criminal defense techniques at your disposal. In a successful criminal defense, a defendant might be able to get his or her charges dropped or dismissed and/or reduce the chances and severity of punishment in his or her legal proceedings.

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