To be facing a charge of possession of drugs, it would mean that you were found to be in possession of controlled substances considered illegal to possess under law. There are various levels of severity for this charge, including possession, cultivation, intent to distribute, and trafficking of a controlled substance. Each one has its own penalties, each one worse than the last, and can only be defended through the guidance of a skilled criminal defense attorney that is well experienced in such cases. Understanding the circumstances behind having these charges filed against you will help your attorney create the proper defense, and hopefully get you cleared of all of them.
Possession of drugs
If the police arrested you because you were in possession of drugs at the time they confronted you, whether they were on your person, or in your vehicle, it was because it was determined that they were under your full control. You can then be prosecuted for drug possession under the statutes of the state the arrest took place in. The penalties and punishments will vary, depending upon the drugs possessed, the quantity, and other factors determined by the arresting officers to be valid in your case, like intent to sell or distribute a controlled substance.
Possession of drugs does not necessarily mean that it is only limited to what is deemed to be illegal controlled substances. There are cases where being in possession of a prescription that is not yours can lead to a possession charge, as can attempting to refill a prescription that is not yours, or stealing someone else's prescription. If you are the driver of a vehicle in which drugs were later found, even if they were located outside the area of the driver's seat, you could be charged with possession, simply because they were present in a vehicle under your direct control.
Probable Cause
In urban areas especially, law enforcement will regularly stake out and observe known drug trafficking areas. Any vehicle that stops within those areas will be treated with suspicion, and if stopped, can be legally searched under the doctrine of probable cause. The Fourth Amendment to the Constitution, which normally protects citizens from illegal searches and seizures, actually gives law enforcement the right to search your person, home, vehicle and any area under your direct control for drugs, all because they believe they have probable cause. It is the belief that you have already committed a felony, the act of buying drugs, that would allow them to gather evidence proving it through a search that does not require a warrant to enact.
The best criminal legal advice that any attorney could give in this situation would be to cooperate fully with the officers, and their search, even if it does not end in your favor. To do otherwise is to risk further charges being made, including obstruction. If you are truly innocent, your cooperation cannot be used against you, and you will still have the right to speak with a lawyer before, during and even after charges of possession have been filed against you. This is the time to protest your innocence, not during the arrest or search, where emotional outbursts may be used against you at a later date.
Formulating A Defense
The sooner you retain the services of a skilled criminal lawyer, the better. With their help, a proper defense against all charges can be mounted, fueled by the relation of all details surrounding the events leading up to the actual arrest. Every detail in cases like these are very important to a criminal defense lawyer, as they can be used to prove that the arrest was not valid because of technicalities on the part of the arresting officers, the officers who searched the car, or that there was not enough proof available for the officers to have had probably cause to conduct the search in the first place.
Want to know more about possession of drug charges, and how they can be defended against? An experienced attorney, like The Lawfirm of Philip Averbuck, would be happy to answer any questions you might have, so that the best defense of your case can be created, call him today. Also check out our new page on Drug Possession.
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