Fort Lauderdale Criminal Defense Attorneys Describe How to Beat Drug Possession Charges
Getting charged with drug possession can be scary. But don’t panic – there are ways to fight the charges, even if the cops found drugs on you. Fort Lauderdale criminal defense attorneys see these cases all the time. They know the system inside-out, and can help you get the best possible outcome.
Challenging the Stop and Search
If the police stopped and searched you without good reason, that’s illegal. Anything they found during an improper stop can’t be used as evidence. Your lawyer will look closely at the circumstances of the stop, and file a motion to suppress if it seems fishy.
For example, if the cops pulled you over for a busted taillight just to search for drugs, that’s not okay. Or if they frisked you on the street without suspicion you were armed and dangerous, also no good. The Fourth Amendment protects us from unreasonable searches. Use it to your advantage.
Questioning the Chain of Custody
The prosecution has to prove the baggie of white powder they’re using as evidence is the same one taken from you. If they can’t 100% establish custody from the scene to the lab to the courtroom, the results could get tossed.
Your attorney will scrutinize each link in the chain – did the cop who seized it follow protocol? Were standard testing procedures used at the lab? Did anyone else have access to the evidence room? Any doubts, and the sample may be inadmissible.
Attacking the Field Drug Test
You know those instant drug tests cops do roadside? They’re notoriously unreliable. The kits often react to legal stuff like doughnut glaze, soap, or candy. Your lawyer can argue the field test gave a false positive.
Without lab confirmation, the prosecution’s case looks flimsy. At the very least, negative field test doubts could lead to reduced charges or a better plea deal.
Questioning the Lab Results
Even lab tests can be disputed. Shoddy procedures, contaminated samples, and errors in chemical analysis happen. Your attorney will thoroughly investigate the crime lab’s methods.
If flaws are found, an expert witness might testify the results are inconclusive. The jury will think twice about convicting when the drug ID is iffy.
Arguing Lack of Knowledge
To prove possession, prosecutors must show you knowingly had drugs. But maybe a friend left a bag in your car, or you got duped into transporting a suspicious package. As long as you can plausibly claim ignorance, you have a shot.
Your lawyer will work hard to convince the jury you had no clue the drugs were there. It’s a solid defense that works more often than you’d think.
Fighting Constructive Possession
Constructive possession means you didn’t physically have drugs on you, but they were in your home or car. Prosecutors use it a lot, but there are ways around it.
If others share the space, your attorney can argue the drugs belonged to someone else. Or they can show you didn’t know about them – tough if they were hidden or obscure. Constructive possession requires proof of knowledge. Fight it and you could walk.
Seeking Treatment Instead of Jail Time
For minor possession charges, your lawyer may be able to get you into a drug diversion program. Plead guilty in exchange for entering treatment instead of doing time.
Early intervention can stop drug use in its tracks. Judges recognize this and will approve diversion for first-time offenders serious about getting clean. Take rehab seriously and the charges get dropped.
Negotiating Reduced Charges
Prosecutors know strong defenses make drug possession cases risky. They’d often rather bargain than go to trial. Your attorney can leverage arguments against the evidence to negotiate something less.
Possibilities include dropping the felony to a misdemeanor, charging simple paraphernalia possession instead, or agreeing to an addiction intervention program. The goal is avoiding maximum penalties.
Taking it to Trial
If plea negotiations fail, taking it to trial is an option. Your lawyer only does this with strong cases where acquittal looks likely. But sometimes it’s the right strategic move.
At trial, your attorney can raise reasonable doubt by attacking the evidence. Police misconduct, sloppy procedures, and ambiguous drug test results all make reasonable doubt arguments. It’s a high-risk, high-reward tactic.
Bottom Line: Don’t Panic, Fight Back
The bottom line? A drug possession arrest feels devastating, but skilled defense lawyers know how to beat the rap. Challenge the stop and search, scrutinize the evidence, argue lack of knowledge, and aim for treatment over jail. While the charges are serious, you have strong defenses on your side. Hire an experienced criminal attorney and fight back – there’s hope.