If you have been charged with drug possession, you know how scary it is and how concerning it can be to consider the future consequences.
However, we understand how you feel, and our job is to help you by guiding you through this process and, many times, offering necessary legal defenses to those charges.
People charged with drug possession can employ various defenses to challenge the charges from the prosecution, and we list a few of them below.
Unlawful searching and seizing
The Fourth Amendment of the U.S. Constitution protects the country’s citizens against unreasonable searching and seizing. So, if law enforcement searches a person’s vehicle without probable cause or a warrant, the evidence they get is not admissible in court.
Lack of intent or knowledge
If you did not know of the presence of drugs, even if they were in your possession, your attorney can try to demonstrate that the drugs not only belonged to someone else but also that you could not reasonably be aware that they were there.
Control and dominion
South Dakota requires actual or constructive possession of the drugs to have a crime of possession, which means you must have control of the area. If your attorney rightfully shows that you did not have control of the immediate area, the prosecution may lack evidence to charge you.
Chain of custody
Prosecutors must properly label and handle evidence in all drug cases. If the prosecution fails to do so and, for example, loses control of it at any point during the investigation, the evidence’s integrity can be questioned.
Every case is unique, and whether an attorney can help you assemble a defense depends mainly on the circumstances specific to your situation. However, it is critically important for you to document everything and communicate openly with your attorney so they can find where to insert a defense.