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What’s the best drug possession defense?

With potentially severe consequences for a drug possession conviction, it's critical to do whatever it takes to defend yourself in court.

Regardless of what happened leading up to your arrest, there's a drug possession defense strategy you can use to your advantage. You simply need to compare your options and settle on the one that makes the most sense for someone in your position.

Here are several of the most commonly employed drug possession defense strategies:

  • Unlawful search and seizure: Thanks to the Fourth Amendment to the United States Constitution, you have the right to lawful search and seizure prior to an arrest for any reason. In some cases, unlawful search and seizure is the best way to fight a drug possession, as it can remove evidence from your court case.
  • The drugs were not yours: This is one of the most common drug possession defense strategies, as you're simply arguing that the drugs belonged to another person. For example, you can claim that the drugs police found in your vehicle or home belonged to someone else and you did not know they were there.
  • Crime lab analysis: Just because an officer assumes you were in possession of an illegal drug does not necessarily mean it's true. For example, crime lab analysis could prove that you were not actually possessing cocaine, but instead, a substance that looks similar.
  • Drugs were planted: It's not always easy to prove, but it's something to consider as you compare drug possession defense strategies. It's up to your legal team to prove that the drugs were planted, such as by a police officer.
  • Entrapment: Law enforcement officers have the legal right to set up drug sting operations in an attempt to catch individuals breaking the law. However, they are not permitted to induce a person to commit a crime.

There is no easy answer to the question of what's the best drug possession defense strategy. This all comes down to the finer details of the case, no two of which are the same.

Once you better understand the details of your arrest and the best types of defense strategy, you can then decide on the best option for protecting your legal rights.

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Andrew M. Coffey has been recognized as a Board Certified Civil Trial lawyer by the Florida Bar. Certification is the highest level of recognition by The Florida Bar of the competency and experience of attorneys in the areas of law approved for certification by the Supreme Court of Florida.

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