Following the efforts that have been made in the past to control drug abuse and its trafficking across the world, this matter is no longer taken lightly and can earn one a jail sentence of up to 15 months. Consequently, drug possession defense Memphis TN seek to a variety of competent lawyers who have years of experience in such cases and have mastered strategies of handling these cases.
Some of the popularly known defense tactics entail; claiming that the drugs did not belong to you, the drugs were planted, abuse of power by the police through entrapment, searching the premise or vehicle without a warrant and stating that they are meant for medicinal purposes if its marijuana. It is however wise to leave it to your attorney to choose the best defense that is suitable to your case.
By refusing to accept being the owner of the seized substances one has a chance of dismiss the case especially if the suspect was not alone during the seizure. In order to put this argument across, your lawyer can ask the prosecutor to support his argument of claiming that you own the substances. This usually gets difficult for the prosecutor if there is no evidence that links you to the substance apart from them being found on you.
When presented to a jury or judge, the argument is usually strong and convincing if the suspect has no criminal record; however, there is still hope for those who have a record as they can argue that they also have no idea who the drugs belong to and that they must have been planted. In a suggestive manner, your lawyer can use your criminal record to indicate the antagonism between you and the police suggesting that they must have planted them during the seizure.
Entrapment can also be used as an argument to repute the claims that are put across by the prosecutor. As much as police officers may be allowed to conduct sting operation where suspected are tricked into committing crime while they are being watched; this becomes entrapment when the suspect is pressure into committing the crime.
As the law dictates, conducting a search without ones consent or a search warrant is considered unlawful unless the officer is in a compromising position and has reason to hold the suspect under custody until a warrant is provided. In case the search is conducted unlawfully, then anything obtained cannot be used as evidence due to the constitutional violations.
Finally, one can dispute the charges if they can prove that they have a condition that requires marijuana for medicinal use if its the substance seized. For this, one must have a recommendation from a doctor that proves this condition which will consequently dismiss the charges as most states have legalized the used of this substance only for its medicinal value.
Owing to the severity of drugs related charges, one ought to be really careful on how they handle these cases and therefore proceeding with the court sessions without a defense lawyer is unreasonable. Hiring a competent lawyer with a reputation that precedes them is one other thing that one ought to consider as these matters cannot be taken lightly and therefore thorough check up on them should be conducted to ensure they are up to the task and they are not a recipe for disaster in court.
Some of the popularly known defense tactics entail; claiming that the drugs did not belong to you, the drugs were planted, abuse of power by the police through entrapment, searching the premise or vehicle without a warrant and stating that they are meant for medicinal purposes if its marijuana. It is however wise to leave it to your attorney to choose the best defense that is suitable to your case.
By refusing to accept being the owner of the seized substances one has a chance of dismiss the case especially if the suspect was not alone during the seizure. In order to put this argument across, your lawyer can ask the prosecutor to support his argument of claiming that you own the substances. This usually gets difficult for the prosecutor if there is no evidence that links you to the substance apart from them being found on you.
When presented to a jury or judge, the argument is usually strong and convincing if the suspect has no criminal record; however, there is still hope for those who have a record as they can argue that they also have no idea who the drugs belong to and that they must have been planted. In a suggestive manner, your lawyer can use your criminal record to indicate the antagonism between you and the police suggesting that they must have planted them during the seizure.
Entrapment can also be used as an argument to repute the claims that are put across by the prosecutor. As much as police officers may be allowed to conduct sting operation where suspected are tricked into committing crime while they are being watched; this becomes entrapment when the suspect is pressure into committing the crime.
As the law dictates, conducting a search without ones consent or a search warrant is considered unlawful unless the officer is in a compromising position and has reason to hold the suspect under custody until a warrant is provided. In case the search is conducted unlawfully, then anything obtained cannot be used as evidence due to the constitutional violations.
Finally, one can dispute the charges if they can prove that they have a condition that requires marijuana for medicinal use if its the substance seized. For this, one must have a recommendation from a doctor that proves this condition which will consequently dismiss the charges as most states have legalized the used of this substance only for its medicinal value.
Owing to the severity of drugs related charges, one ought to be really careful on how they handle these cases and therefore proceeding with the court sessions without a defense lawyer is unreasonable. Hiring a competent lawyer with a reputation that precedes them is one other thing that one ought to consider as these matters cannot be taken lightly and therefore thorough check up on them should be conducted to ensure they are up to the task and they are not a recipe for disaster in court.
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