marijuana in a bag

5 Defense Strategies for Drug Possession Charges

Drug possession is one of the most common criminal offenses in America. Though many states have legalized marijuana, it remains illegal here in Alabama and accounts for a significant portion of all drug possession charges. Let’s discuss five different defenses you may use if charged with illegal possession.

1. Unlawful Search and Seizure

This occurs relatively frequently in drug cases. If the investigating police officer illegally conducted a search of your car or property, the evidence found during that illegal search cannot be used against you. If you believe you were the victim of illegal search and seizure, this is something you should immediately tell your defense attorney.

2. Lack of/Unwitting Possession

You may argue that the drugs found do not belong to you, or you had no idea they were present. This defense is common in cases where the drugs were found with multiple people present. For example, if drugs were found in a vehicle holding 4 passengers.

3. Entrapment

Entrapment is a very specific defense strategy, but it may fit your case. Entrapment occurs when a police officer pressures an individual to commit a crime they otherwise would not likely commit. For example, an undercover police officer placing extreme pressure on an individual to commit a drug crime so that once they agree or attempt to, the officer can make an arrest.

4. Proof of Substance

It seems unlikely, but you may even be able to argue that the drug the police found was actually not a drug. This defense relies on the fact that the State did not conduct a scientific analysis to confirm the substance in question. If the State can’t provide solid evidence that the substance found was confirmed to be a drug, the case may be dismissed.

5. Addiction

If you suffer from drug addiction, you may be able to seek treatment from the court rather than be faced with criminal penalties. Individuals suffering from substance abuse disorders are sometimes sentenced through drug court, where there is more focus on rehabilitation. Many of these offenders are required to complete a drug treatment program. If you successfully complete your drug treatment program, your drug charges may be dropped.

However, if you do not successfully complete the program, you will be brought back to face your original criminal charges.

Alabama Drug Possession Lawyers

If you have been charged with drug possession, our team at Burrell & McCants, LLC is able to craft a creative defense strategy to fit the needs of your case. Call us today at (205) 547-3042 to share your case details with our Birmingham criminal defense attorneys.