Facing a drug charge, whether it is possession, possession with intent to distribute or trafficking charges, can be overwhelming. The outcome of your trial can be life-altering and should be treated as the serious matter that it is.
If you are facing drug charges and the potential consequences that could come from them, you may want to consider with your attorney the possible defenses that could assist your case. Since the burden of proof in any criminal case lies with the State, let’s explore several common defense strategies used in drug cases in Massachusetts.
Lack of Possession
Prosecutors must prove that a defendant was not just in the area of the drugs in question, but that they knowingly possessed or were in control of them. Just by being near or in the presence of an illegal substance does not necessarily mean you owned them or were in control of them. If the illegal substances are not found directly on the defendant or in their control, this may be a defense strategy to consider.
Unlawful Search and Seizure
Law enforcement must follow strict guidelines of the Fourth Amendment: Search and Seizure, including searching someone’s home, person, or vehicle. This amendment of the Constitution protects individuals from unreasonable searches conducted by law enforcement. Meaning that police cannot enter your home or vehicle or search your belongings without a valid warrant or probable cause.
Lack of Intent
For drug sales charges (possession with intent to distribute), the prosecution must prove that the illegal substances were to be sold to others. In some cases, the charges can be reduced if the defendant can prove that the drugs were for personal use rather than for sale.
Crime Lab Results
The findings of the crime lab can help in the defense of your drug case. Should the crime lab report that the substance in the possession of the defendant is not illegal or make a mistake in the analysis, then it’s possible for the case to be dismissed.
Duress or Coercion
The defendant may try to make the case that they were in possession of the drugs or selling the drugs under duress. For example, a defendant may make the case that they were threatened to sell, transport or hide drugs for another party.
Mistake of Fact
In some cases, a defendant may be unaware that there were drugs on their body. A friend may have brought them into the vehicle or home without their knowledge.
If you have been charged with possession, possession with the intent to distribute or drug trafficking, reach out to us at The Law Offices of Patrick Conway. We will work with you to understand the charges and stand beside you as legal counsel mounting the most vigorous defense on your behalf.