A criminal defense attorney may help a Massachusetts resident who has been charged with possession of drugs, either with the intent to sell or for their own personal use. Here are a few of the most common defenses that an attorney might use to help their client.
One defense that may be used is unlawful search or seizure prior to the arrest. Under the fourth amendment of the Constitution, an individual is guaranteed the right to due process of law. In a case where illicit drugs are found in plain sight, perhaps on the dashboard of a car during a legal traffic stop, the drugs could be seized and then used as evidence. However, if the drugs are found in the trunk after it is pried open, this should not be entered into the evidence.
An attorney might use a defense that the drugs did not belong to their client. Perhaps the individual had no idea that the drugs were in their home or vehicle, or it could be that the drugs were planted. This one may be more difficult to prove, but an attorney may be able to get a judge to require the police department to release the complete file of the officer who charged the attorney’s client.
Another common drug defense could be that the drug wasn’t actually an illicit drug. This would involve getting a crime lab analysis on the substance that was seized in order to prove that it is an illicit drug. The crime lab analyst could then be required to testify in the trial.
An individual who is facing a drug possession charge may want to speak with a criminal defense attorney. The attorney may look at the evidence and see if there is a possible defense to help their clients get their charges dropped. Perhaps the police who collected the testimony did not read the client their rights or the prosecutors did not properly preserve incriminating evidence.