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What are defenses for drug possession in South Dakota?

On Behalf of | Oct 18, 2024 | Criminal Defense, Drug Crimes |

If you are charged with drug possession anywhere in South Dakota, you might wonder what’s next. You are probably thinking you are already in hot water and wondering if there is anything you can do. The good news is that our team of attorneys is here to do just that.

Defending you

Depending on the specifics of your case, we can approach it using one of several strategies. Below are some common defenses that may be effective.

Lack of knowledge

You can argue that you were unaware of any illegal substance in your possession. This defense is especially strong if the drugs are found in a shared space, such as a vehicle with more than one occupant or a residence that houses several roommates.

Drugs are not yours

Another solid defense is when the drugs do not belong to you. In South Dakota, prosecutors must prove constructive possession, which means that to charge you, you had to have had control over the drugs. It is not enough that they found the drugs on your person.

Chain of custody

The prosecution will try to demonstrate that their evidence is the same substance seized during your arrest. If there are gaps or inconsistencies in how the evidence was handled or stored, this can lead to questions about its integrity and admissibility.

Illegal search and seizure

If police conducted an unlawful search, any evidence obtained could be inadmissible in court. A skilled attorney with experience in these cases can argue before the judge that this evidence must be suppressed under the law. This can weaken the prosecution’s case significantly.

Affirmative defenses

You can also present an affirmative defense, which means you provide your evidence that shows you acted within legal boundaries and that the prosecution does not have sufficient evidence.

Every case is unique. However, one thing is for sure: having an experienced legal advocate can make an enormous difference in the outcome of your case. Ensure you trust your attorney. Your future might depend on it.