What Are Some of the Best Defenses for Drug Possession Charges?

Whether illegal substances are found on your person, in your vehicle, or in your home or other property, understanding your legal rights and options is crucial in protecting yourself and your future. To learn about the best defenses available to fight your charges, continue reading below and speak with an experienced Marquette drug possession lawyer today.

What Are Michigan’s Laws Regarding Drug Possession?

Under MCL Section 333.7403, “A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner’s professional practice, or except as otherwise authorized by this article.”

Having a controlled substance in your possession without valid authorization is illegal. Depending on the type of drug and the amount that you are caught with, you could face either misdemeanor or felony charges. Both will result in a term of imprisonment and significant fines.

What Are Some of the Best Defenses for Drug Possession Charges?

Because the penalties associated with a conviction of drug possession are so severe in Michigan, understanding the defensive strategies available is important. You should hire a skilled defense attorney immediately after being arrested. With their help, consider the following defenses for your case.

• Lack of possession: As established above, an important part of drug possession laws is the defendant’s knowledge and intent to possess the controlled substance. If you can demonstrate that you were unaware that the drugs existed or were present and that you did not have the ability to control them, you could prove that they belonged to someone else and that you did not technically have possession of them.
• Illegal search or seizure: In order to conduct a traffic stop, search your home or vehicle, or seize your property, police officers must have probable cause, a valid warrant, or your express permission. If they acted without lawful authority, it is possible that the search, seizure, or arrest was illegal and the evidence obtained could be ruled inadmissible in court.
• Chain of custody issues: Physical evidence of the drugs is pertinent in possession cases. It is possible that the evidence was not properly handled, identified, or stored. There may be inconsistencies between the substances seized during your arrest and the evidence presented during the case. If you can point out flaws in the chain of custody, it could be effective in creating reasonable doubt.
• Entrapment/coercion: It is possible that you did commit the crime of drug possession, but you were induced to do it. If law enforcement manipulated you into committing the crime when you generally would not have done so, or used threats or force to compel you to commit the crime, you could argue either entrapment or coercion.

It can be overwhelming to consider all the defensive options available to you. Work with a skilled attorney for knowledgeable legal counsel and representation during your case.