Drug Possession Defenses

A real winning strategy in drug cases must involve solid motion practice that will support allegations asserted by the defense team that that the rights of the defendant as stated in the Fourth Amendment were violated in a search and seizure operation.

Criminal Lawyers or Drug Crime Attorneys defending a charge of drug possession must do much more than simply trying to prove that the defendant was unaware of the illegal or controlled nature of the drug (requiring a special motion). Naturally, the standard defenses to drug cases must be worked up to the fullest extent of the law when factually available. Routine approaches commonly seen are that the defendant was in legitimate possession of the drug (for instance, with a medical prescription), that the drug was found in an entrapment operation by the authorities.

The defense lawyer can also try to establish that the defendant was unaware of the fact that the drugs were in the premises controlled by them. However, this is more difficult to prove if the drugs were found on the body of the defendant or in a container held by the defendant. A Drug Possession Attorney may seek to lessen the degree of felony reduced by proving that the drugs were in the possession of the defendant for their own use and not for sale. Defenses to drug possession charges are significantly different from that of the common law crimes that served as the foundation for our criminal justice system.

Florida law also has a provision for Felony charges if the defendant was found in possession of certain drugs such as prescription drugs without a prescription. Providing proper documentation is a valid and immediate defense.

William Moore, a criminal defense attorney in Broward County Florida explains that the various defenses to drug possession are very effective. For example, years ago when the Broward County criminal prosecutor’s office decided to start charging defendants for cocaine residue  discovered on paraphernalia. In essence, what they were doing was effectively scraping leaves that had been used to smoke cocaine, testing those particles and then adding a felony charge on top of the misdemeanor paraphernalia drug charge. We implemented a routine expert witness and line of testimony specific to the fact that these particles are present on over 90% of US currency. As a result, not one of our clients was convicted for the felony charges.

Broward criminal attorneys and drug possession defenses
Broward criminal attorneys often find strong defenses to an arrest by thoroughly researching the facts of each case.

 

When it comes to defenses to drug possession sometimes being creative is the best approach:

when you take a moment to think about it, we are surrounded by controlled substances and possession of any of them amounts to a felony in Florida. Many individuals are charged without having possessed any criminal intent.  Criminal attorneys  in Broward County Florida must really take the time to examine all of the facts surrounding an arrest. More often than not, very strong defenses are hidden in the small nuances of each case.

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