Every criminal drug charge is different, whether you are charged with criminal possession or delivery of a controlled substance. With that being said, all defenses against those charges are different as well. It is quite difficult to predict how a criminal defense attorney may help you and fight for your rights. However, an experienced lawyer will know the avenues to look down before deciding upon the best path of defense.
Law firms help many people with criminal drug charges continue on with the rest of their lives and move forward to be upstanding, successful citizens. If you do not offer a plea when you face the judge, you will be presumed innocent until you are proven guilty. A lawyer aims to prevent you from being found guilty.
Some of the common arguments are:
You Are Innocent
The easiest and most straightforward legal defense approach is simply to prove that you did not do the crime. Remember that the prosecutor has the burden of trying to prove that you did commit the crime. You are always innocent until proven guilty.
One way to do this is to prove that the drugs were not yours. The criminal defense may argue that even though the drugs were in your home or car, you did not know they were there and you may not even have known the person who may have placed them in your home or car. This can happen when someone with a drug problem repairs your car, does work in your home, or throws their drugs through an open window.
Another common drug charge is the trafficking or sale of drugs. If you were charged with the crime at a particular location, a valid defense may be that you can prove that you were not at that location, then you are likely to be found innocent. You do need to have an alibi that you can prove – either someone who saw you, proof of purchases on your credit card, or video surveillance of your location.
The Police Did The Wrong Thing
Police can carry out their job in the wrong way and that can result in criminal drug charges getting dismissed. For example, sometimes they can illegally search you without a lawful warrant to search your person, possessions, or home. Sometimes, they will violate your Fourth Amendment rights in the process. Other times, they could find the drugs while illegally searching for something else. For example, if they had a warrant to search your garage for a stolen car but entered your home and found drugs, this would be illegal activity on their parts.
Sometimes, police will even illegally plant drugs on you. This is another defense that can be quite difficult to prove, but it is possible.
You Were Entrapped
Another common defense to criminal drug charges is to argue that you were entrapped into committing the crime. This means that you were injured and had a legal, valid prescription for a controlled drug that was used to treat your pain or injury. Then, an undercover police officer pressured you to sell him or her one of the drugs.
Your lawyer has to prove that you were reluctant in selling them to the officer and then, once you did sell it, you were arrested. This is a very common entrapment defense, but it requires nuance and great care to argue successfully.
Do You Need A Drug Defense Attorney?
If you or someone you know has been accused of a drug crime, please contact an experienced drug defense attorney at Nebraska Interstate Drug Defense Lawyer. We stand at the ready to defend you against state or federal drug charges. Please contact us today at 844-545-3022.
The sooner that you can start working with a drug defense attorney, the better it will be. Rest assured that at Nebraska Interstate Drug Defense, we do not judge or lecture you. Instead, we work with our vast knowledge of Nebraska law and Omaha court systems to find a solution that will help you to get your life back on track.