Dealing with drug charges could be challenging. The punishment for drug charges vary from one state to another and depending on the drugs you were caught with. However, it’s possibile that a Galveston criminal defense lawyer can defend your case and help in lowering your penalties, and sometimes getting rid of the charges altogether.
Now, the defenses that a lawyer may use would be predetermined by examining your case. It would benefit you to learn how a lawyer can defend your case. The first would be the lawyer understanding your case entirely and defending you before the jury.
Defenses A Lawyer Might Use For Drug Charges:
- Affirming the drugs are not yours.
A lawyer’s most common defense in the jury is assuring the drugs don’t belong to the client. Given it is true, a lawyer can argue the invalid belonging of those drugs by presenting evidence. A Galveston lawyer may evaluate your case and obtain the evidence beforehand.
It could be possible that the drugs were not yours. But, to prove that, a lawyer would first gather evidence. If evidence is not adequate, an attorney could provide your alibi or statements affirming the drugs were not yours.
- Medical Exception
A jury would not press drug charges against you if you a medical exception of a drug in many cases. Usually, either doctors or medical institutes authorize the use of a drug legally. Technically, it is not a defense, but it can get you off the hook. Medical marijuana exception defense could be used by an attorney or you in states where the consumption of marijuana is legally allowed.
- Illegal seizure
Suppose authorities search or find the drugs by unlawful means, without a warrant or a legal piece of document justifying the seizure of drugs. In that case, a potential defense an attorney would apply to your case would be the illegal seizure of drugs. The citizens are entitled to question any search or seizure on their property or themselves by the Fourth Amendment Law of the U.S. Constitution. The amendment defends the citizens from the authorities to use unlawful means in any case.
A search warrant is mandatory to initiate the search voluntarily. Without a search warrant, the search or seizure of drugs is illegal by law and allows you to defend yourself in the same way.
- Entrapment of the victim
A defense attorney could defend you by stating that you were entrapped or forced into the situation. It may sound complicated, but sometimes during a sting or undercover operations, authorities may indirectly force a victim into committing a crime they wouldn’t have done otherwise.
The defense states that you were convicted of a crime forcibly which you would not have committed in the first place.