A drug possession charge and conviction in New York can have devastating consequences such as losing your job or being sentenced to spend time in jail. If you’ve been charged with drug possession, there are a few defenses that could be used in court that could result in having the charges reduced or dismissed.
Establishing ownership
One of the most common forms of criminal defense when it comes to a drug possession charge is that the drugs were not yours. If the drugs were not found in your possession and there were other people in the area when the drugs were found, then it’s possible that the drugs were someone else’s. Perhaps another person planted the drugs on you shortly before an officer searched you or your vehicle, resulting in the drugs being in your physical possession without your knowledge.
Search and seizure
If you’re stopped by an officer while driving because they suspect you of being under the influence of drugs or if you’re searched in another situation, an officer should have probable cause to conduct the search.
If drugs are seized during an illegal search, which would mean that the officer didn’t have probable cause or a reason to search your person or your property, then the evidence discovered could be inadmissible in court, which could then result in the charges being dismissed if there is no further evidence against you. Entrapment is a similar issue pertaining to a search and seizure. Entrapment is when an officer planted drugs on you or tricks you into purchasing them.
While drug possession charges are very serious, there are some ways that you could defend yourself so that you don’t go to jail or have the charges on your criminal record.