Chicago’s Nationally Recognized Civil Rights And Criminal Defense Law Firm

  1. Home
  2.  • 
  3. Civil Rights
  4.  • Identifying weaknesses in a drug possession charge

Identifying weaknesses in a drug possession charge

Receiving a drug possession charge is a serious matter, regardless of a defendant’s background. If you recently had an encounter with police that ended in a drug charge, it is wise to begin building your defense immediately. If you choose to wait to build your defense until a more convenient time, you run the risk of missing out on important defensive opportunities that may help protect you.

Building a strong defense requires the defendant to review all the details of their arrest, as well as any evidence against them. Defendants who wait too long to begin this process may not have the opportunity to obtain and review this evidence, which can make or break a defense.

As you build your defense, it is important to use strong legal resources and guidance as you need them. A strong defense can help keep your rights secure throughout the defense process, and possibly see your charges dismissed or reduced.

Looking at the circumstances of your arrest

Sometimes charges arise based on circumstantial evidence that may or may not stand up to legal scrutiny. For instance, if you received possession charges after police searched your home and found an illegal substance, this does not mean that the substance legally belongs to you. It is possible that some other person left the substance in your home, particularly if others were recently in the home for a social gathering.

Challenging the evidence itself

Drug possession implies that an officer found a certain amount of a substance either on your person or somewhere else that could indicate possession, such as your vehicle or home. This means that the prosecution should have access to that physical evidence to verify the charges.

It is often wise to request laboratory testing of the evidence, if possible. Laboratory testing may help your case in a number of ways. First, the prosecution must produce the evidence from storage in order for testing to take place. If they cannot find the evidence, which sometimes happens, the charges against you weaken.

Alternately, if the laboratory testing indicates that the substance does not align with the charges, this also weakens the case against you.

Reviewing the conduct of an arresting officer

Police misconduct is a serious problem that affects many individuals throughout the world, not only in Chicago and other major metropolitan areas like New York. As you build your defense, it is important to consider the conduct of your arresting officer.

While police have a duty to uphold the law, they do not also have the freedom to break the law and abuse suspects. If you believe that your arresting officer violated your rights during your interaction, this may also play a strong role in your defense. A strong defense requires time, resources and key legal insights. As you build your defense, make sure to use the strong legal resources you have available to protect your rights and your future.

Share This