As mentioned previously on this blog, charges of drug possession, with or without intent to distribute, could mean serious penalties for a Louisiana resident. However, simply being accused of a crime does not mean that one should give up and not fight to protect their rights-there are a number of defenses they could employ to defend themselves against drug charges
The most important requirement police officers should adhere to is due process, as protected by the Fourth Amendment of the Constitution. The due process of law includes the fact that the search should be lawful, as should be the seizure. Search and seizure issues are quite common in cases involving drug charges, as the location of the found substance is important. For example, if the substance is in plain view during a traffic stop, it may be used as evidence but if the trunk of the car has been pried open without the driver’s permission, then the resulting material could be dismissed as it violates due process.
It is also possible that the suspected person is not even aware that there are drugs in their residence or car-someone else without the accused’s knowledge could have placed them. In these instances, the prosecutor would have to prove that the drugs actually belonged to the person accused, rather than someone else in the residence or vehicle. Additionally, the drugs that have allegedly been found need to be produced at the trial-if they are lost or not produced, the case could be dismissed.
One should not give up hope if they are facing drug charges. There are many strategies that can be employed to prove one’s innocence and an experienced attorney by one’s side could help do just that. It may seem daunting to clear one’s name, but an accused should consider doing it to protect their future.
Post Type: Q&A