Because every situation is unusual, every defense case is special. Call the Law Office of Michael L. Fell at (949) 585-9055 to schedule a free legal consultation if you want to know what is best for your individual circumstance. Otherwise, read on to learn about five possible defense strategies you might have.
The crime wasn't committed by you
To prove your innocence and disprove a drug charge is the easiest form of defense. In reality, all that is required is for the prosecution to fail to achieve its burden of proof; you do not even need to prove your innocence. Since it is their responsibility to establish your guilt, you are presumed innocent until they do.
You didn't possess the drugs
You are not responsible if the drugs were left in your house or car and you did not know the person or were unaware that they had done so. One illustration would be if someone accidentally left their medicines in your refrigerator while fixing it at your house.
The information used against you was obtained unlawfully
The narcotics are not admissible if they were discovered on you or on your premises during an unauthorized search and seizure. In order to evaluate whether your fourth amendment rights were violated, we will carefully review the search, additional evidence that was acquired, and how you were handled while in jail. If they were, part of the evidence against you might be thrown out, which would result in the charges being dropped.
You have a defense
You may have an alibi that shows you were not in the precise location at the specific time the crime was committed if the drug crime was time-specific. One illustration is if you were not even in the city when you were arrested for selling narcotics on a street corner at a specific hour. It is obviously an instance of mistaken identity in that situation.
You were entrapped
Law enforcement is permitted to mislead you but is not permitted to set you up. Unfortunately, it does and can occur. For instance, you might have received a legitimate prescription for a controlled medication as a result of an injury. It is possible that you were set up if an undercover police officer forced you or coerced you into selling them one or more of the pills and then arrested you for doing so.
Speak with a defense lawyer to determine your best course of action. Request your free consultation by calling the Law Office of Michael L. Fell at (949) 585-9055. We will review your situation and determine the best course of action.