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Orange County Bar Association

Common Defenses to Drug Possession Charges


As someone who has been accused of drug possession, it can be a stressful and overwhelming experience. The consequences of a drug possession charge can be severe, including fines, probation, and even jail time. However, it is important to remember that you have rights and options. There are several common defenses that a lawyer can raise to fight against drug possession charges. In this blog post, we will discuss common defenses to drug possession charges that you can explore with the help of a skilled attorney. Remember, the information provided here is not legal advice, but rather a general overview of potential defense strategies.

If you have been accused of drug possession, you should contact a California criminal defense lawyer today. At the Law Offices of William W. Bruzzo, we are committed to helping people resolve criminal matters as favorably as possible. Contact us today to schedule free case evaluation with an attorney.

4th Amendment Violations

The 4th Amendment of the United States Constitution protects individuals from unreasonable searches and seizures. This means that law enforcement officers must have probable cause or a search warrant before conducting a search. If it can be proven that the search that led to the discovery of the drugs was conducted without proper authority, the evidence obtained may be suppressed and deemed inadmissible in court.

To determine if your 4th Amendment rights were violated, a skilled defense attorney will thoroughly review the circumstances surrounding your arrest and search. They will scrutinize whether the search and seizure were conducted in accordance with the law. If any violations are found, your attorney can file a motion to suppress the evidence, potentially leading to the dismissal of the charges against you.

Not in Actual Possession

In drug possession cases, the prosecution must prove that you were in actual possession of the drugs. Actual possession means that the drugs were found on your person or within your immediate control. However, if the drugs were found in a shared space, such as a car or house, it may be difficult for the prosecution to prove that you had exclusive control over the drugs.

Your defense attorney can argue that you were not in actual possession of the drugs by presenting evidence that others had access to the area where the drugs were found. They can also challenge the prosecution’s evidence by questioning the accuracy of the law enforcement’s documentation of the discovery of the drugs. By casting doubt on the prosecution’s case, your attorney can work towards obtaining a favorable outcome for you.

Misidentified Substances

In some drug possession cases, the substances found may be misidentified by law enforcement officers. This can occur due to human error, faulty testing equipment, or contamination of the sample. If the substances found are misidentified, it can undermine the prosecution’s case against you.

To challenge the identification of the substances, your defense attorney may request an independent analysis of the evidence. This analysis can be conducted by a reputable laboratory to ensure accurate identification. If the results differ from the initial identification made by law enforcement, it can provide strong grounds for questioning the validity of the charges.

When facing drug possession charges, it is crucial to seek legal representation from an experienced defense attorney. They can assess the specific circumstances of your case and develop a defense strategy tailored to your situation. By protecting your rights, challenging the evidence against you, and advocating for your best interests, a skilled attorney can increase the chances of achieving a favorable outcome.

If you have been accused of drug possession, don’t hesitate to contact Bruzzo Law for expert legal representation. Our team of dedicated attorneys has extensive experience defending individuals against drug possession charges. We understand the complexities of these cases and will work tirelessly to protect your rights. Don’t navigate the legal system alone – let us be your trusted advocate.

Remember, facing drug possession charges is a serious matter, and your future is at stake. By securing professional legal representation, you can ensure that your rights are protected, and the best possible outcome is achieved. Don’t delay – contact Bruzzo Law today to schedule a consultation and take the first step towards a strong defense.

Contact Us Today to Speak with a California Criminal Defense Lawyer

Navigating the criminal justice system can be complicated. With the guidance of a skilled defense attorney, you can ensure that your case is resolved as favorably as possible. A California criminal defense lawyer can provide the expertise, knowledge, and support needed to mount a strong defense on your behalf. Don’t face drug possession charges alone – reach out to Bruzzo Law for the legal representation you deserve. To schedule your consultation, call our office today at (714) 547-4636 or contact us online.

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