According to research, the police arrest several people with drug charges every year. The good news is that not all of them get convicted with drug charges. While every case is different, there are still high chances of an offender walking free after successfully challenging drug charges in court.
Coming up with a valid defense in court is difficult but impossible. The offender can start by considering that judges handle numerous cases, and drug charges are not at the top of the list of prioritized cases. It means nobody will put a lot of effort to see a drug offender go to jail. However, escaping penalties is only possible with a strong defense.
Here are some of the common successful defenses for drug charges.
- Drugs do not belong to the accused: Simply denying the charges is a common defense but works. One can argue that the drugs are not there or they do not know of their existence.
- Unlawful search: According to the Fourth Amendment to the U.S Constitution, everybody has a right to lawful search and arrest. If the police violated the defendants’ rights during the search, this could act as a good defense.
- Planted drugs or entrapment: The defendant can also argue that someone planted the drugs or the informants induced them to commit the crime against their wish.
The defendant can also look for mistakes such as failure to read the rights or failure to preserve evidence. The goal is trying everything possible to escape the charges, and who knows, they might bear fruits and save them from going to jail.