If you are charged with possession of an illegal drug your lawyer will have a choice of defenses to enter on your behalf. The specific circumstances of your situation will help him determine which one to use.
Unlawful search and seizure is one possible defense. In order for it to work, your attorney will have to prove that the arresting officer in your case “searched” for the evidence on your property, without your permission. That is to say the drugs were not in plain sight in your home, car or on your person at the time of your arrest for possession. Any evidence found by violating a person’s 4th amendment right to be protected from an unreasonable search will not be allowed to be used in a court of law. If this argument is convincing enough, the charges against you will most likely be dropped.
You can always claim ignorance. Even if the drugs are found on your kitchen table for instance, you can say that they are not yours, that they must belong to someone else. If your attorney can successfully argue that there were other people coming and going in and out of your house at random and that anybody could have left the drugs behind, the prosecutor will have to somehow prove that they were indeed yours in order for the charges to stick.
The prosecution always has the burden of proof. In drug possession cases, they must also prove that the evidence is actually the illegal drug that they claim it to be. In order to confirm that it is, there must be a lab analysis done. The technician that tests the evidence will be called to testify as to whether or not it is authentic.
There is always the possibility that the drugs could be lost before they can be entered into court as evidence for the prosecution. An experienced attorney will insist that the prosecution produce the actual drugs that were seized at the time of your arrest. If there is any question that the evidence has been compromised, the prosecution’s case may be thrown out.
Call Parker Lawyers @ 303-841-9525 and get the experienced professional representation that you deserve.