Facing allegations for a drug crime can carry with it serious repercussions. Thus, individuals in Maryland and elsewhere should fully understand the situation surrounding these allegations. For drug charges, this means not only taking note of the charges one is accused of but the steps that led to these charges. The search and seizure process is often involved in such allegations, making it an important factor to consider, but not the only one, when devising a criminal defense strategy against the charges.
A drug possession charge could stem from allegations that the drug in question was for personal use or was intended to sell. Depending on the circumstances, such as type of drug, the quantity and other items found with the drugs, such as money, scales and baggies, drug possession charges could be very severe and carry with it significant penalties. Thus, exploring the following 7 common defense strategies may be beneficial.
Because a search and seizure is likely the process that uncovered the drugs in question, asserting an unlawful search and seizure may be a possible defense option. This means that the drugs were not in plain view or law enforcement did not have the right to conduct a search, meaning they were not given permission or did not have probable cause. The next defense option is to state that the drugs in the matter belong to someone else. This could claim that the defendant had no knowledge of the drugs being in the home, car, coat pocket or elsewhere because they belong to someone else and he or she had no knowledge of the drugs existing there.
Seeking a crime lab analysis could help in the defense process. While a substance may look like a certain drug, it does not mean that it is. A crime lab analyst could attest to whether the substance was in fact an illegal substance or not. Other defenses include claiming missing drugs, meaning they are not in the evidence, asserting that the drugs were planted, stating that it was entrapment or asserting an exceptions, such as it bring medical marijuana or a prescription belonging to them.
No matter the defense strategy one decides to move forward with, it is important that one fully understands the matter and the rights they have. This will not only strengthen his or her defense but also ensure that their rights and interests are protected.