Whether you are facing charges of possession of a controlled substance or illicit drug, or you have been charged with trafficking with the intent to sell or distribute illegal drugs, there are many legal defenses available to you. Depending on which, if any, is applicable, you can greatly reduce the severity of your sentence, especially if it is your first offense. Some of the key defenses are discussed here.
Denial of Ownership
Denying ownership is the common defense put forth in a drug crime and is often quite successful. You should not claim ownership of any drugs if you are searched or your premises are searched, or if you are in a place the police raid and drugs are found; instead you should exercise your right to remain silent and immediately contact an attorney.
The prevalence and legalization of the use of medicinal marijuana throughout the country has created a plausible defense for medicinal use. A drug card is technically required to identify a licensed user of medicinal cannabis, but many people do not qualify. Even if you do not qualify, you may have a symptom or disorder you are treating through use of marijuana. The existence of a medical condition that has been proven to be assisted by some medical marijuana is a valid defense, and many jurors will not judge you harshly for the use of medicinal marijuana.
The Malicious Intent of Another
Although it sounds like something you only see in a movie or read in a book, occasionally people are framed for crimes they did not commit. On some occasions, illicit substances are planted for the purpose of framing somebody for a drug crime. Anyone bringing this as a defense must be prepared to prove malicious intent with evidentiary documentation, including emails and phone/text records. Verbalized threats can be reported.
This is a common scenario for many facing drug charges; someone is offering to sell you drugs, and although you refuse repeatedly, they keep coming back until you relent. Imagine a scenario in which someone is offering to sell you drugs and you refuse repeatedly. As soon as you give in, you are arrested for the purchase and possession of a controlled substance. The authorities have laws they must follow when investigating drug related offenses and when working undercover to solve drug crimes. One of the behaviors the police cannot engage in when undercover is to aggressively coerce somebody to purchase drugs. If the police aggressively pursue you and persuade you to participate in a drug transaction, an entrapment defense can be a complete defense to your charges.
If You Have Been Charged With a Chicago Drug Crime, Let Us Help You
There are laws and defense available to protect your rights if you have been charged with a drug crime. Knowing your rights is the first step in the process, so if you are facing drug charges and would like to discuss potential defenses available to you, call an experienced criminal defense attorney at David Freidberg law today, at (312) 560-7100, or email, for a no-obligation consultation.