New York imposes tough penalties on those caught possessing drugs, and if convicted, you will likely pay penalties and face probation or even jail time, according to Human Rights Watch. While there are some legal defenses that effectively fight charges of drug possession, your prosecutor may also have a few tricks to improve his or her chances of winning a conviction in court.
A young woman with a drug holding a syringe on dark background. Focus on hands
Though it is possible to defend yourself against the prosecution, it is easy to make crucial mistakes during the proceedings. Goldberg & Allen, LLP offers combined legal experience exceeding 50 years. Call 212-766-3366 to have a criminal lawyer in New York City develop a defense strategy unique to your situation, and read on to find out if these four defenses apply to your case of drug possession:
- Unwitting Possession
The prosecution cannot convict you unless they can prove your knowledge of the drugs. While you may have been in possession, you can claim you did not know about it.
For example, if someone asks you to hold a bag while he or she goes to the bathroom, you are not liable for the contents of that bag if the police catch you with it. Unwitting possession is common in constructive possession charges.
- Lack of Possession
It may seem strange to deny possession when police catch you red-handed, but denial is among the most common defenses for drug charges, especially when it is hard for the prosecution to prove that you had the means and the intent to control illegal substances.
For example, a renter could stash drugs on your property, or several people could be in the car at the time of your arrest. In these cases, it becomes difficult to accuse one person of possessing drugs and impossible to prove dominion and control.
- Police Abuse of Power
The most common example of this defense involves the police planting drugs in your car or property, but it also incorporates illegal search and seizure procedures, illegal surveillance methods, threatening witnesses and entrapment. If the police abuse their power to find drugs, the court may dismiss your case; however, it is not abuse of power if the police deny their identity or lie during their investigations, meaning it is legal for police to go undercover to determine the presence of drugs.
- Lack of Actual Drugs
Police make many arrests under mistaken circumstances, such as believing that your bag of catnip is marijuana. Fortunately, NCSTL reminds readers that all drugs submitted as evidence undergo extensive laboratory testing to prove that they are illegal substances. If your arrest is such an error, the judge will throw your case out of court.
If you are facing a drug possession charge, you must understand that the consequences of a conviction will affect your entire life. The legal system is often unpredictable, and it pays to consult an experienced criminal lawyer or DUI attorney. Call Goldberg & Allen at 212-766-3366 to find out how you can defend yourself against allegations of drug possession.
