Defenses for Drug ChargesIf you’ve been charged with any kind of illegal drug use, your first step should be building your defense. The right defense can lead to dropped charges or at least a reduction in your sentence. For drug charges, there are several defenses you can pursue.
Not Under the InfluenceOne approach you can take is proving that you were not under the influence of drugs. In some cases, you may be arrested if you appear to be under the influence. However, some of the symptoms of being intoxicated can actually coincide with other causes such as a lack of sleep. During your case, you can prove that you were arrested or charged falsely and based on someone else’s opinion that you were under the influence when in reality you were not. You will need to have strong evidence to prove that you did not consume or use any drugs.
Possessing a PrescriptionIf you were using a substance that is deemed illegal to the general public, you have one defense to justify your use and that is having a prescription for the drug. For example, medical marijuana was widely prescribed by doctors before marijuana was ever made legal. If you have a prescription for an “illegal” substance, then you need to prove that you have a medical condition that warrants that prescription and you need proof from your doctor that they prescribed it to you.
Illegal Search and SeizureEven if you did possess or use illegal substances, you can still have charges dropped if the proper process was not followed. If your arrest and/or charges were the result of an illegal search and seizure, then you cannot be legally charged. The officers who arrested you obtained evidence without following procedure. You need to prove that you were unlawfully searched and that the arresting officers had no warrant or probable cause. This defense will usually result in a dismissal of your case or in a not-guilty verdict. Using illegal drugs of any kind comes with hefty consequences. You should exhaust all efforts to build your case and find the right defense. Using multiple defenses may be a good option to help strengthen your case. If you were recently charged with drug crimes, you need a good attorney on your side. Click here to get in contact with an attorney from The Law Offices of Bradley Corbett.
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.