An arrest for drug possession could lead to legal troubles that last a lifetime. Someone caught with a small amount of cocaine might not receive a harsh punishment, but the person might deal with a permanent criminal record in the aftermath. However, those caught with a significant amount of drugs may face distribution-related charges in an Iowa court. Anyone accused of drug possession could benefit from a strong defense approach.
Defending against drug possession charges
Proving drug possession charges involves establishing someone has some level of control. A person who knowingly keeps drugs in their pocket likely controls the contraband, and so might someone with keys to a storage facility housing drugs. Someone who does not physically possess or control drugs may challenge possession charges.
Prosecutors must prove that the person accused knew the drugs were present. If someone else stores drugs in a homeowner’s attic without the homeowner’s knowledge, the homeowner did not legally possess the drugs. However, the homeowner could be arrested and charged after a raid.
Further defenses against drug possession charges
Defenses against drug charges vary depending on the circumstances. Someone may present the court with a legal prescription, nullifying any claims the person lacked one. Other situations may involve the evidence turning up missing, potentially making a criminal defense less challenging. Similarly, law enforcement might violate someone’s rights, resulting in a successful motion to suppress evidence.
Police misconduct, such as entrapment or planting evidence, might result in false charges. If the court learns of misconduct, the possession charges could be dismissed. Furthermore, the accused may have a civil case against the municipality.
Plea bargaining any drug possession charges could be in the accused’s best interests. The prosecution’s case might be so strong that a jury trial and the subsequent potential sentencing may make a plea deal beneficial to the defendant.
