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Here’s the thing: if the authorities catch you with illegal drugs on you, then there’s a high chance they will charge you for possession. They might even add an “intent of distribution” to the allegations.

 

And no, claiming that they're not yours won’t work even if that's the truth. Police can argue that the fact that you have these drugs in your possession places you within a drug network. And, the penalties for these charges are fairly severe, both at a state and federal level.

 

If you’re ever involved in this scenario, the best thing you could do is not give any statements to the police and call a lawyer. It’ll be hard to argue your innocence alone since the law isn’t on your side.

 

 

Types of Possession

 

There are two forms of possession that the police may charge you with. The first is the actual possession, meaning that the police found the illegal drugs on you. In this case, arguing that it's not yours won't help. The mere fact that you are holding the drugs is a crime.

 

Then, there’s constructive possession were the authorities might argue that although you don’t have physical possession of the illegal substance, you do control it. For instance, when the police arrest someone for drug trafficking, the actual ownership is often implied, even if the person did not have any illegal drugs at the time of the arrest.

 

What Does the Law Say?

 

When it comes to drugs, the law is pretty strict. Even if you are caught with drugs that are intended for personal use, there are a few factors that can make the authorities charge you with trafficking:

 

  • *  The type of drug;

  • *  The quantity or weight;

  • *  Prior drug-related charges;

 

These factors also influence the type of charge the prosecutor will pursue.

 

What Is a Good Strategy?

 

If the authorities want to charge you with possession for the purpose of trafficking, the burden of proof lies in their court. That means that the police and prosecutors have to gather enough evidence to prove your crime.

 

In the case of actual possession, you can’t entirely dismiss the charges, since they have evidence of the drugs being on you at the time of the arrest. At this stage, your attorney will try and strike a deal with the prosecutors and argue on your behalf for a minimal sentence.

 

However, if the charge goes beyond possession or crosses into the realm of constructive possession, things can get a bit more complicated.

 

For this, your legal representative has to both attack the prosecutor’s case and provide reasonable explanations that refute the prosecution’s claims. The overall defense strategy varies based on the particularities of each case, but common defense practices include:

 

  • *  The police conducted an illegal search of your belongings because they did not have probable cause. If that is true, then all the evidence gathered from their search cannot be used in a case against you.

 

  • *  The police arrested you because you based on non-factual evidence or criteria. For instance, if the police arrest you because a crime took place near an area, you commonly visit, and you fit an eyewitness description of the culprit, a lawyer could argue that this is circumstantial evidence and not enough for a charge.

 

  • *  The claims of intent to traffic are unsubstantiated due to lack of evidence. It can be hard for the prosecution to prove you have an intention to sell drugs so a good attorney can refute these claims easily.

 

But again, the defense strategy greatly depends on the particular details of your case.

 

What Do You Do?

 

If faced with a drug charge, the best thing you can do is to call an attorney, even if there is no mention of a trafficking intent yet.

 

A good lawyer can step in and negotiate on your behalf and get a reduced sentence. Particularly when the charges are more severe, the guidance of an experienced lawyer is critical.