3 MIN READ | General

Robert Haynes

How to Defend Against Criminal Drug Charges

Cite This
Robert Haynes, (2022, May 26). How to Defend Against Criminal Drug Charges. Psychreg on General. https://www.psychreg.org/how-defend-against-criminal-drug-charges/
Reading Time: 3 minutes

Facing drug charges may make you feel like it’s you against the world. But there are effective defenses to avoid conviction for drug possession charges. These defenses for criminal drug charges are the most common, so talk to your criminal defense lawyer about them soon. 

Abuse of police power

There are many kinds of police misconduct that can be called into question. There have been instances where the police faked evidence, coerced a confession, and even intimidated the defendant. 

Evidence wrongfully obtained because of abuse of power can be questioned by your attorney and possibly suppressed in court. 

Illegal search and seizure

Your drug charges criminal defense attorney may use the idea of illegal search and seizure to question the charge. Illegal search and seizure can be a valid defense if you think the police obtained drug substance evidence illegally. 

The Constitution of The United States prohibits law enforcement from searching your home without a search warrant. If you were pulled over in your vehicle, the police officer must have probable cause for making the stop. 

Further, police must adhere to specific procedures when they have a search warrant and check your home. Any evidence the police obtain illegally, including illegal drugs, may be tossed out in court. 

Disprove drug possession 

Convicting you for a drug crime means the state must prove beyond a reasonable doubt that the drugs are yours. But doing so can be more difficult than you think. 

When a mistake is made about possession, it’s called a mistake of fact. 

There are many arrests where someone has drugs in the car, but they don’t belong to the passenger or driver. There are many factors to consider when the police claim the drugs you were charged for were under your control. 

A skilled defense attorney will place a lot of pressure on the DA to prove beyond all doubt that the drugs were yours. You could have a roommate in an apartment and a bag of cocaine was found stuffed in the couch cushions. How do they know it’s yours? 

A mistake of fact defense is difficult to execute successfully. But a skilled trial lawyer can often pull this defense off if the facts warrant it. 

Medical exemption 

Many of the prescription drugs we take are considered controlled substances. One of them is Adderall. 

How are these prescription drugs different from illegal ones? Your attorney can claim a medical exemption to carry the drugs. If you have a valid prescription from your physician, you cannot be charged with a crime. 

As long as you can find your prescription or have your doctor confirm it, the drug charges should be dropped. 

There is an exception, however. If you have been prescribed medical marijuana, there could be some questions from the police. Some states have completely legalized marijuana, but others have not. A valid prescription can be useful to get the drug charges dropped.

Remember that marijuana is still considered a controlled substance by the feds, so if this is a federal case, the medical exemption might not work. 

Which defense strategy for your drug charge? 

Any of these popular defenses may be useful to defend against a drug charge. Which is best for your case can be determined by going over the arrest with your attorney. 

Think carefully if your rights were violated. Consider the evidence the police have. Did they find a bag of meth in the car? Was there a pipe or other drug paraphernalia? 

You and your lawyer need to comb through the arrest circumstances to decide on the best strategy. An experienced criminal defense lawyer will know which has the highest odds of success.


Robert Haynes did his degree in psychology at the University of Hertfordshire. He is interested in mental health, wellness, and lifestyle.


Psychreg is mainly for information purposes only; materials on this website are not intended to be a substitute for professional advice. Don’t disregard professional advice or delay in seeking  treatment because of what you have read on this website. Read our full disclaimer

Copy link