What are possible defenses for a drug possession charge?

Drug possession convictions can have a heavy impact on your life, especially if the court hits you with an intent-to-sell or trafficking charge. Of course, that will depend on the evidence at hand, as well as the number of possessed drugs. Following a change in marijuana legalities, at the end of 2019, the governor granted over 11,000 people pardons for low-level marijuana convictions. While this event may seem to be a sign that Illinois is taking a more relaxed approach to misdemeanor drug charges, like many other states, the state still holds to strict drug penalties for drugs like cocaine, heroin, LSD, and others.

If you face serious consequences for drug possession charges, you may be wondering how a criminal defense attorney can provide a successful argument for your case. Challenges for drug charges may include the following:

  • Law enforcement may have performed an unlawful search and seizure. Your attorney may challenge how the drugs in question were obtained and whether it was done in a legal fashion.
  • The prosecution will have to prove that the drugs were, in fact, yours. With the right defense, you may challenge the court to consider whether the drugs belong to someone else.
  • While it is not always likely, it is not impossible that the drugs could have been planted as a means of entrapment. Your lawyer may seek to review the arresting officer’s complaint so they can see the whole picture and challenge the charge accordingly.
  • In addition to proving the drugs are yours, the prosecution will also have to prove they are in fact illegal drugs. They will submit drugs for analysis and a lab analyst will then testify at your trial.

Every step taken by the prosecution has the potential for error. To learn more about how a strong argument can make for a successful defense in a drug possession case, consult an experienced attorney.