There are various types of drug charges. These include; drug possession, prescription fraud, intent to sell drugs, drug conspiracy, operation and possession of materials for a Meth Lab. Anyone faced with any of these charges has to put up a well prepared and aggressive defense due to the severe penalties they carry. This article focuses on the defenses that one can put up if charged with drug offenses.
1. Entrapment.
Justice has not allowed for criminals to be caught using unlawful means. State officers have the power to set up sting operations, they may however, induce suspects into carrying out the crimes. One may claim entrapment by authorities if they incited the individual to commit a drug offense which he or she may have not committed. An example of entrapment is in cases where the drugs in question were provided by the authorities.
2. Unlawful searches and seizures.
Every citizen is guaranteed the right to due process of law. This right implies that the due process of law should be followed including lawful searches and seizure of evidence. Drugs found by officers in plain view can be used and are admissible as evidence. However, in cases where officers break into an offender's house and use force to seize the drug without permission cannot be taken in as evidence.
3. Drugs belong to another person.
This defense puts the burden of proof on the prosecution. They have to prove that the drugs in question indeed belong belong to the accused. However, the risk with this defense is that there is constructive possession whereby the law allows someone to be held guilty even though they did not own the drugs.
4. Missing evidence.
In the course of the trial, prosecutors may lose the evidence. This mainly occurs during transfer of the drugs from place to place. This weakens the case as evidence cannot be assumed to still exist during hearings. This defense gives a good chance for dismissal of the case.
5. Duress.
If the accused was forced to carry or possess the drug for someone else, this is a valid defense.