Though changes have been made to marijuana laws in recent years, the drug laws regarding other substances continue to be extreme in many cases. If you have been arrested with possession of drugs with intent to sell, you could be facing a long time in prison. The good news is that a criminal defense attorney can help ensure you have the best defense option possible.
Keep reading to learn about four different defense options then contact Chambers Law Firm at 714-760-4088 to find out which defense option may be the best choice for your case.
- The Evidence Was Obtained During an Illegal Search and Seizure
- You Were Not in Control or Possession of the Drugs
- You Did Not Know the Drugs Were There
- You Did Not Have the Intent to Sell
You have rights via the Fourth Amendment of the U.S. Constitution to be free from unreasonable search and seizure. The police are required to follow specific procedures when issuing a traffic stop, arresting a person, searching them, etc. If they do not follow these laws then the evidence they obtained during the unlawful search and seizure may not be admissible in court. This can destroy the prosecution’s case.
In order to be guilty of possession of a control substance with intent to sell, you must have had control over the drugs. If they were simply found where you were, but you did not have control over that place, then you may not be guilty of the crime. For example, if you were driving a friend around and they had the drugs stashed in their suitcase in the trunk, without your knowledge.
In order to be guilty of possession of a controlled substance with intent to sell, it must also be true that you knew the drugs existed and you knew that what was happening was illegal. As a result, if we can show that you did not know the drugs were in your possession then we will use that to fight the charges.
Likewise, if you knew the drugs were there but did not realize it was an illegal situation, we can use that in your defense. For example, if the drugs in question were prescription drugs and you believed the person in question had legal access to them for their own use, then we will use this in your defense.
Finally, the prosecution must prove not just that you had the drugs in your possession and that you knew it was illegal, but that you intended to sell them. Unless you confess to the crime, it is often very difficult for them to prove this element. They often rely strictly on circumstantial evidence that we can easily disprove.
If you are facing a drug charge then we hope you will call an experienced criminal defense attorney to help you. You can reach Chambers Law Firm at 714-760-4088 for a free legal consultation today.
