Defenses For Drug Possession

When trying to spare a client from being behind bars due to drug possession, every New York criminal defense attorney should be able to defend their client with the right strategic defense. It should be strong enough and should be able to stand the questions and scrutinization of the jury and entire prosecution.

Unlawful search

Unlawful Search can be an effective defense if the accused claimed and was able to prove that he didn't give permission for an investigation to be done in his secured property. If illegal drugs were found in his room after a forceful entry then it cannot be considered as evidence. However if the drugs were found plain view after a typical and legal search such as security check points then it can be counted as evidence.

Drugs don't belong to me

If the accused and his lawyer were able to prove that the drugs are not owned by the accused then he could be free of the charge. A good attorney can force the prosecution to put out evidences that will state that the drugs were owned by his client and not by the people living in the same house for example. If the joint prosecution wasn't able to prove it then the defendant has chances of not being accused with drug possession.

Crime Lab Results

If drugs were found in any property of the accused - his car for example - the prosecution should be able to prove that it is an illicit drug. The crime lab analysis will then take its course and the analyst should testify in order for the results be considered as evidence of the prosecution.

Missing Drugs

If no drugs are revealed as as a prosecution's evidence during the court hearings then they cannot charge someone with possession of illegal drugs. Often times, fastened drugs are transferred from certain places to another before being placed in the evidence locker. A good attorney should make sure that the drugs were still under the control of the prosecution for if not, his client should be free of charge.