Thousands of people are charged for drug possession in the U.S every year, and most of the alleged offenders have a very small quantity of the controlled substance on themselves or on their property. You might think that getting caught with a little bit of drugs is no big deal, but it truly can destroy your life. The punishment could be a lot more than roughly $100 in fines and a few nights in jail. If you didn’t have a criminal record before, your reputation will be tarnished by the legal proceedings. If you were arrested near a school/college, or the police accuse you of ‘intent to sell’, you might end up being convicted for a drug felony.

Drug crime laws are complicated and they vary from state to state. It is in your best interests to hire Drug Crimes Lawyer in Nashua, NH, if you are facing possession charges. Many people are falsely accused of a drug crime just because they were at the wrong place at the wrong time. Therefore, your lawyer can help you beat the charges by utilizing one of the following defenses.

1. Illegal Search & Seizure

The police is not allowed to raid and search your property without a legal warrant or your willful consent. If law enforcement forcefully enters your premises and seizes stuff without a warrant, you should know that this is illegal. When you demonstrate that the ‘search and seizure’ leading to the drug charges was unlawful, any evidence collected against you will be dismissed; since the incriminating evidence is disposed of, there is no case and the charges are eventually dropped.

2. Denying Ownership

Just because the drug was found on your property or in proximity to you, it does not necessarily mean that it belongs to you. For instance, if the drug was found in the compartment of the car you were driving, you may get off the hook by showing that the car is not registered under your name. You could be driving a company car, running an errand for a friend, or borrowing someone else’s vehicle at the time. Similarly, if the drug was confiscated from your home, it is always possible that it belongs to guest or visitor. If you regularly host parties or hold business meetings at your house, it is quite likely that someone left or hid the drugs there.

3. False Positive

Various lookalikes of controlled substances can have the police fooled, but you know that what you possess in entirely legal. For example, what the police think is fine powdered heroin might actually be a packet of icing sugar; or the Japanese Maple plant in your backyard could be confused as Panama Red weed. Even though the stuff taken from you is harmless, the lab reports might shockingly return positive. If this happens, do not panic because there are at least a dozen plausible reasons for such an anomaly.

You should question the reliability of the analysis lab, and find out the frequency of false positives it delivers annually. The sample procured from you or your property could have been lost or mixed up during the investigation.

4. Chain of Custody

The evidence collected by the police is subject to a chain of custody, i.e. it is examined at multiple locations by different entities during the legal proceedings. Many alleged drug samples get lost or misplaced due to the high traffic of criminal evidence. The defendant has the right to see the evidence against them in court. If the prosecution cannot present the evidence or brings the wrong evidence, the charges won’t sustain.

5. Being Framed

Unfortunately, many people have to face drug possession charges due to entrapment or planted evidence. Some officers of law enforcement are involved in corruption and they tend to pin their crimes onto innocent people. For example, a roadside cop may ask you to pullover and magically conjure a bag of drugs from your car trunk. Building a case against a law enforcement officer is not easy, which is why it is crucial to work with a competent criminal defense attorney.


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