If you are charged with drug possession charges, here is what you should know about one legal defense.
Being stopped by police can be scary. Being arrested on the charges of drug possession after drugs are found in your vehicle can be even more upsetting. If the drugs that are seized by the police are not yours, here is what you should know about such as a claim as a legal defense–
Consideration When Drugs are Found in the Car
If drugs are found in your car, whether or not you will be convicted on drug possession charges will depend on a number of different factors. Here are some things that you, your lawyer, and the prosecution will all need to consider:
- How were the drugs found by the police? The first thing to think about is how the drugs were found. Did the police have grounds to search your vehicle, or were they in violation of your Fourth Amendment rights? If your rights were breached, the evidence cannot be used against you, and charges may be dropped.
- Where in the car were the drugs found? Another consideration is where in the car the drugs were found, particularly if you are arguing that they are not yours. For example, were the drugs found on the driver’s side, where you were located, or on the passenger’s side?
- Was anyone in possession of the drugs at the time they were found? Even if you were driving, if another passenger had the drugs on their person at the time that the police stopped you and discovered the drugs, it will likely be easier to make an argument that the drugs are not yours.
- Did anyone else have access to your car? Can you offer any proof that someone besides yourself had access to your vehicle, and therefore could have put drugs in your car without your knowledge?
- Is there another suspect? Finally, if drugs are found in your car but there is no other suspect, then charges will probably be brought against you, and there is a good chance that you will be convicted.
What to do Immediately if Arrested
If you are arrested for drug possession, here is what you need to do immediately to protect your rights:
- State that you want an attorney. The first thing that you should do is to state that you want a lawyer. Make this clear to the police immediately and let them know that you will not be providing any statement until you have legal representation.
- Remain silent. While you should provide police with your name, you do not need to say anything about the drugs or anything else incriminating. In fact, you should refrain from doing so. It is your right to remain silent – exercise it.
- Do not enter a plea without legal representation. After you are arrested, you will have the opportunity to plead guilty or not guilty before the judge. Before you do anything, make sure you speak to an attorney who can advise you of your rights and what to do to protect your best interests.
Call a Criminal Defense Attorney Today
If you are charged with drug possession, be sure to call a skilled criminal defense attorney immediately. At the law offices of Granger and Mueller PC, we can help. Reach out to us by phone or online to get started.