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Common defenses against drug possession

Drug possession charges are a very serious matter, regardless of what type of charges a person might receive. In general, drug charge sentences draw many of the strongest sentences a person can receive for a nonviolent crime.

You have some very important decisions to make If you or someone you love faces a drug possession charge. Whether it is for cocaine or prescription drugs or too much of a more natural substance that remains illegal in the State of New York, you could face a variety of sentences, not to mention the strain that a drug conviction places on your day-to-day life.

Most people assume that if they get away with light sentencing from a drug charge then they have no more worries in the matter. Unfortunately, drug convictions can wreck your plans completely apart from any punishment a judge may hand down.

Should you manage to avoid fines or jail time, you may find it very difficult to find work or housing. In many cases, companies that manage rental properties do not accepts applications from those with drug convictions on their records. Similarly, many employers ignore the applications of those with drug convictions.

Fighting drug charges is truly fighting for a better quality of life for years to come. If you need help fighting any drug charges, especially more serious charges, you can consult with an experienced defense attorney. A defense attorney with years of experience defending against drug charges can help you build a personalized defense to protect your rights and your future.

Were your rights violated in the arrest?

Depending on how you received the charges, you may have grounds to contest the legality of the charges themselves. For instance, if you received the charges in the course of a traffic stop, it is possible that the officer who searched for drugs in your vehicle did so without proper cause. Police are not allowed to search a vehicle without either a warrant or probable cause to search. If the officer did not have a viable reason to search your vehicle, they may need to answer for their violation of your rights.

Similarly, if you stand accused of possessing drugs found in your residence, it is possible that the drugs belong to someone else who was recently in your home. Simply because you live somewhere doesn't necessarily mean that you own everything within the residence, especially if you recently hosted guests.

These are only some examples of violations you might encounter when drug charges occur.

You can fight through the court process

Most drug charges do not go all the way to a court, and there are a number of steps a person must go through before receiving a conviction or dismissal of charges. Throughout this process, an attorney can use the law to your advantage through procedural actions.

For instance, the prosecution must generally prove that the drugs police charged you with match the evidence collected at the scene. An attorney can demand that the evidence undergo laboratory testing to determine the nature of the substance. In response, the prosecution must produce the evidence in order to test it. Often, drug evidence goes missing in storage, or does not match the charges. This can give your attorney some room to work toward dismissal of charges.

Take action as soon as you can

The sooner you begin building a defense, the better your chances of success. No matter what drug charges you face, be sure to fight them with all the tools at your disposal. Your future may prove much more difficult with a drug conviction following you around.

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Suffolk County Defenders Association New York State Defenders Association | Founded 1967 New York State Bar Association Suffolk County Bar Association | NY 1908

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