Being convicted of drug possession crime is a scary prospect. Drug convictions have long-lasting ramifications on not only your criminal record but your college education and your future career. Even if your charges are fairly minor, the consequences can be severe.
When you and your attorney are preparing to go to court to fight the charges, you will probably consider several possible defenses. Using the right defense is crucial to your trial. Although every case is different, there are a few common defenses that have been successfully used in drug possession cases.
Your property was searched unlawfully
One of the most frequently used defense arguments is unlawful search and seizure. In Indiana, cops must follow strict rules regarding when they may search a suspect’s property for drugs. If a law enforcement officer searched your belongings unlawfully, the drugs that they found cannot be used in court and you may be able to have your charges dismissed.
They’re not your drugs
Another common defense is to claim that the drugs belong to someone else. The prosecution has the burden of proving that the drugs were yours. Sometimes, you may be able to successfully argue that the drugs found in your possession did not belong to you. Some defendants have even argued that they were not even aware of the drugs.
You were entrapped
Entrapment is when a law enforcement officer induces someone to commit a crime that they otherwise would not have committed. A court cannot convict suspects whose crimes were the result of entrapment. For a case to be considered entrapment, you must be able to persuade the court that you would not otherwise have committed the crime with which you have been charged.