Dealing with a legal case is not easy for anyone. But unfortunately, a lot of people end up getting tangled in messy legal situations. The situation becomes worse if the person is dealing with a criminal charge, such as drug possession. David Serna Lawyer mentions that in order to get through such tough situations, it is important that people hire a good criminal defense lawyer. He himself is such an attorney, and has defended drug cases in 11 different states. He also is a Lifetime Member of the NORML’s National Legal Committee, active since 1984.
Drugs are controlled substances that can be regulated by the local, state or federal government. Depending on its type and the intentions of the defendant, creating, controlling or distributing drugs is considered to be illegal. David Serna Lawyer further points out that drug crime can be categorized into three major types, which are manufacturing/creation, possession/control, and distribution/trafficking. Drug possession is the most common variant of crimes among these with which people tend to be charged with. Facing charges of drug possession is not easy, especially due to the zealous nature of law enforcement officials.
However, David Serna Lawyer points how that there are several possible defense strategies against drug possession charges that an attorney can use to prove the innocence of their clients. Here are some of them:
- Drugs belong to someone else: The most common defense for any crime, including drug possession, is to simply say that the defendant didn’t do it. A good attorney ideally tries to pressurize to prove the drug found in the joint found in the car belonged to their client and not one of the other passengers. This defense is mostly applicable when the drug is found at a common space.
- Crime lab analysis: Just because something looks like LSD or cocaine does not mean it is the substance. The prosecution has to prove that the seized substance is indeed the illicit drug it claims it is by choosing to send the evidence to a crime lab for further analysis. The crime lab analysts must subsequently testify at the trial for the prosecution to make its case.
- Drugs were planted: This can be a good defense, but a bit more difficult to prove than the other situations as the sworn testimony of a police officer carries a good degree of weight in the courtroom. In most situations, other officers are reluctant to blow the whistle on a fellow officer. However, a good attorney can file a motion that requires the police department to release the complaint file of the given office, if approved by the judge.
In addition to the above mentioned factors, one can also use the defense of entrapment as well. In states where medical marijuana has been legalized, that can also be used as a defense. A good lawyer would have the expertise to identify the ideal defense for each case.