Effective Criminal Lawyer Defense Strategies In A Drug Possession Case

charged with drug possessionHave the police apprehended you or charged you with a drug trafficking offense? If so then you need to contact a criminal lawyer to represent you. This step is something that you will want to do at the first available chance.

Once you have retained your criminal lawyer, you will need to meet with them to discuss all of the issues surrounding the event that had you charged in the first place. Your criminal lawyer can get the charge details from the arresting officers or the front desk at the precinct.

Your criminal lawyer’s role is to put forth a defense for you and to walk through all of the steps in the events leading up to the arrest, details of the arrest itself then work through all filed paperwork ad any other mitigating circumstances.

One of the first things that your lawyer will do is to challenge the charge. To do so he will need to know what count of possession are they holding and charging you on?

There are two types of possession, constructive and actual. Constructive is where you did not have the material on your person however it was 1) you had knowledge of the substance and 2) had the control of the premises where it was located. Actual possession is just that, you were found with an illegal substance or substances on your person.

In both types, your criminal lawyer can mount a defense strategy. However, it would need to be based on extreme circumstances as the police can prove actual possession if you had a pocket full of a substance, and with constructive possession, there would need to be extreme circumstances for the police to downgrade the charge.

Everything is then based on the actual circumstances of factual evidence. If you had a pocket full of drugs, you would not be able to deny possession. However, if the police found the substance in your car where you had four passengers in the car with you and the material was not in an actual person, the prosecution may find it difficult t prove that they were yours, or that they were in your possession.

Your lawyer would need to investigate to see if the police conducted a legal search if they had cause to search if they read you t=your rights. In short, did the police follow each of the arrest rules or was there holes in which your lawyer can use to have the charges dropped.

Your best chance is too always contact your criminal lawyer as soon as possible once the police have charged you with any form of a drug charge. While they can not have you released on all occasions, they can do what they can to have the charge either dropped or reduced depending on your arrest circumstances.