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Drug possession: What you need to do to defend yourself

On Behalf of | Jun 22, 2017 | criminal law |

You didn’t know there were drugs in your possession. You took your friends out for the evening in your vehicle, and one of them must have left a bag of drugs behind. You’re not an addict, and you don’t take drugs yourself, but the amount that was left on the passenger side of your vehicle was enough that the police noticed it when they pulled you over for speeding.

Now, you face drug charges, because they reported that you had ecstasy in your vehicle. Fortunately, there are a few different defensive options you can try with the support of your attorney.

1. Knowledge matters

If you don’t know there are drugs in your vehicle or did not know that your friends used drugs, you can use a defense that you lacked the knowledge that the drugs were in your possession. You can also use an additional defense that states that the drugs are not yours.

Since the drugs were in a vehicle, it’s possible that you could argue that they were not yours and that the prosecution can not prove that they were yours beyond a reasonable doubt. You’d want to provide evidence of driving your friends if possible, so you can back up your story.

2. Insufficient quantities of drugs

Even the prosecution can agree that a small amount of a drug generally isn’t enough to file a charge and win a conviction. For instance, if you have a small corner of an ecstasy pill, it would likely be ineffective in the body and potentially wouldn’t be enough to test in the laboratory. If the drug is of such a small quantity that it’s nothing but a pinch of dust or under the state’s minimum limit, you may face only a misdemeanor crime or none at all.

3. You have a prescription

It’s important to keep prescription medications in an appropriate medical bottle. If you are caught with opiates out of their packaging, for instance, you could be accused of possessing drugs even though you technically have a right to possess them.

These are a few different things to consider if you’re caught with drugs. Your attorney can help you fight the charges, so you can get back to living your normal life.