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Understanding the Defences in Drug Possession Charges

Posted by carlosgonzalez on September 11th, 2018

Any possession of drugs with the intention of distributing or for personal use warrants criminal prosecution charges against the accused. Drug possession laws both in the federal and state level classify marijuana, LSD, heroin cocaine club drugs, and methamphetamine as illegal controlled substances whose possession warrants criminal charges. The severity of the matter is reason enough to engage a criminal lawyer Miami to argue your case out.

Drug possession defences are universal across state lines and are applicable in Florida, some of which Carlos Gonzalez will use to argue your case.

Unlawful Search and Seizure

The defendants’ rights are protected under the Fourth Amendment. Any drugs seized without a proper warrant or express permission by the defendant are not adducible in court. However, drugs seized while in plain view of the arresting officer can be presented in the case as evidence. The Fourth Amendment protects the rights of the defendant against undue legal process before an arrest.

Drugs Owned By Another

This defense seeks to create reasonable doubt about the allegations that the drugs belonged to the defendant. The argument applies in situations where some people were arrested within the same vicinity as the drugs, but the ownership of the drugs cannot be established.

The Case of Missing Drugs

The bureaucratic chain in evidence handling within the police department has loopholes in which evidence has been known to go missing. This is especially true in drug-related matters, and Carlos Gonzalez, a Lawyer in Miami, knows this all too well. Failure by the prosecution to present the drugs as evidence warrants a dismissal of the case.

Entrapment

Law enforcement officers are allowed by law to set up sting operations. However, these operations are considered as entrapment set-ups if informants or officers induced a suspect to commit a crime they would not otherwise have been party to. For the entrapment defense to hold, the state must provide the drugs.

Requirements to Prove a Drug Possession Case

It is upon the prosecution to prove beyond a reasonable doubt that the defendant;

  • Was aware that the drugs were among those listed as controlled substances.
  • Knowingly had control or possession of the drugs in question.

The legalities in drug possession cases, as well as the stakes, make a case for why it is vital to lawyer up in such cases. Call Carlos Gonzalez today for an assessment of your drug possession matter.

Also See: Drug Possession, Carlos Gonzalez, Warrants Criminal, Reasonable Doubt, Possession, Drugs, Drug

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