30 Years of Experience Defending
The Accused in The Indiana Courts
Schedule a Free Consultation

What’s the Best Drug Possession Defense Strategy?

Ziliak Law Office Feb. 7, 2020

A drug possession charge has the potential to turn your life upside down, with penalties ranging from community service to imprisonment. However, don’t assume that a formal charge will result in a conviction. This doesn’t always hold true.

With the right drug possession defense strategy, you’ll feel better about your ability to avoid a conviction and the impact it will have on your life.

Here are some of the defense strategies to consider:

  • Unlawful search and seizure: The Fourth Amendment protects you against unlawful search and seizure, so this is often the best drug possession strategy you can use. If the officer illegally seized the drugs, such as by breaking into your home or vehicle to find them, you may be able to have the charges against you dismissed.

  • You are not the owner of the drugs: This argument is based on the premise that you don’t know how the drugs came in contact with you. For instance, if police find drugs in your home, you can argue that someone else brought them to your property without your permission.

  • Planted drugs: It’s not as common as the two defense strategies, but it’s a possibility nonetheless. It’s a challenge to prove, but if someone else, such as a police officer or enemy, planted the drugs, you should collect evidence to back up your claim.

  • Entrapment: Police have the legal right to set up drug stings in an attempt to catch individuals who are violating the law. However, entrapment is when a law enforcement official induces you to commit a crime that you wouldn’t have committed under your own power.

Generally speaking, you’ll only use one of these drug possession defense strategies, but depending on the circumstances you may realize that two of them apply to your case.

The primary goal of any defense strategy is to prove to the court that you did not violate the law. If you’re successful in doing so, your charges are dismissed and you don’t have to concern yourself with the consequences of a conviction.

Drug possession charges are scary, but you have legal rights. Protecting them can help you avoid the most serious penalty or any at all.