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Defenses to consider when you’re charged with drug possession

On Behalf of | Sep 23, 2022 | Firm News |

If you have been arrested and charged with drug possession in Massachusetts, chances are you are feeling scared and alone. The good news is that there are defenses available to you that can help you beat the charges.

The drugs belonged to someone else

If the drugs did not belong to you, then you cannot be charged with possession. This is known as the “innocent owner” defense. For example, if you were in a car that contained drugs and you had no knowledge that the drugs were there, you would not be guilty of possession. To prove this defense, you would need to show that you did not know the drugs were there and that you had no control over them.

The police conducted an illegal search-and-seizure

Usually, the police need a warrant to search your home or person. However, there are exceptions to this rule, such as when the police have probable cause to believe that you are in possession of drugs. If the police searched you without a drug possession warrant or without probable cause, then any evidence they found may be inadmissible in court.

You got entrapped by the police

Entrapment occurs when the police lure you into committing a crime that you would not have otherwise committed. For example, if the police offered to sell you drugs and you bought them, you could argue that you got entrapped. To prove this defense, you would need to show that the police induced you to commit the crime and that you would not have committed the crime if not for the police.

The drugs were for personal use

If the amount of drugs you were found with was small and it is clear that the drugs were for personal use, then you may be able to avoid a possession charge. This is known as the “personal use” defense. To prove this defense, you would need to show that the amount of drugs was small and that there was no evidence of drug dealing.

These are just some of the defenses that may be available to you if you get charged with drug possession. If you find yourself in this situation, it is important to understand the uniqueness of your situation and try to get the best possible defense to have a chance of winning your case.