An arrest for drug trafficking or drug possession can have serious consequences; depending on the substance, you may even be charged with a felony. However, working with a drug offense lawyer can tip you off to key mistakes made by the police that can bolster your defense. There are many procedural errors that can help you escape serious legal consequences.

3 Things That Help Your Drug Offense Lawyer Mount a Defense

1. Unlawful Search & Seizure

Everyone is guaranteed due process by the Fourth Amendment. This means that if police violate your rights to obtain evidence, then any drugs they find cannot be used during a trial. This generally only applies if the police perform an unlawful search, such as prying open your car trunk without your permission. Drugs sitting in plain sight, however, can be used as evidence.

2. Entrapment

As part of a police investigation, officers will often pose undercover, setting up a sting operation to catch suspected criminals. However, police or an agent of the police cannot induce or coerce someone to commit a crime they likely would not have done otherwise. A drug offense lawyer will help you identify if entrapment occurred; it’s most common when an undercover police officer provides the drugs that are later used as evidence in the arrest.

3. Issues With the Proving Possession

There are cases where the police charge an individual for possessing drugs and they can’t prove that the defendant actually possessed them.  The fact that a person is present on a premises or in a motor vehicle where contraband is found is not enough to establish possession without more.  If the premises or motor vehicle is or was regularly occupied by others and the contraband was found in a common area ordinarily accessible to multiple occupants, the prosecution could have a difficult time proving that the defendant possessed the contraband.

Whether you need a criminal defense or help with expungement, you can count on James F. Bogen, Attorney at Law. With over 16 years of experience serving the Cincinnati, OH, area, his step-by-step guidance through the legal process and individualized attention will help you achieve the best outcome for your case. To learn more about what this drug offense lawyer can do for you, visit him online or call (513) 503-7251.