The Law Office Of Caroline Norman Frost Maryland Criminal Defense Attorney

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Defenses to charges of drug possession

On Behalf of | Oct 26, 2022 | Criminal Defense

Any type of drug charge could change your life for the worse. If you have been charged with drug possession in Maryland, you need immediate help. Depending on the circumstances of your case, you can use one of these common defenses.

The police conducted an illegal search

Under the Fourth Amendment to the United States Constitution, you have the right to be protected against unlawful search and seizure. Police do not have the legal right to search your home, vehicle or body to uncover drugs or anything else without your permission unless they have probable cause to search or a warrant. If this happens to you, a solid defense in your case would be to argue illegal search and seizure. Hire Caroline Norman Frost to represent you and get the illegally obtained evidence suppressed in your case.

The drugs are not yours

A common defense for drug possession charges is to state that the drugs were not yours. Although they might have been in your possession, if you can prove that they belonged to someone else, you were unaware of the drugs being in your possession and how they got to you, it’s possible to rely on this defense.

The drugs were medical marijuana or prescribed to you

Maryland is one of the states that allows medical marijuana, so if you face drug charges, you could argue that you have a valid card to carry cannabis. This could be a strong defense in your case if you are able to get an official note from your doctor. It might convince a judge or jury to drop the charges against you.

If you have a prescription to a medication that is considered a narcotic, there are certainly defenses that need to be explored by your attorney. However, carrying prescription narcotic medication in something other than the original prescription bottle could cause you to be charged with another criminal offense. You could be charged for having prescription drugs if they do not have the prescription on them. This means that if an individual is required to carry it in the prescription bottle that they received it in, then they are not supposed to have it in any other container.

Entrapment

Entrapment occurs when a person faces pressure or threats from a law enforcement officer to commit a crime. If an undercover police officer forces you to possess drugs, you can use this defense in your case.

If you were arrested for drug possession, you need the best defense to have a fighting chance in your case.