Defense for Drug Possession

Defense for Drug Possession

Being indicted for a crime can be quite stressful for you and your family. Sometimes, the arrest may be for an innocent reason, such as possession of controlled substances prescribed by your physician.

So one day, you decide to take one pill from the bottle and put it in your pocket to consume later in the day. Unfortunately, a law enforcement agent pulls you over and finds the pill minus the prescription. So what happens?

So long as you hold a prescription, it is not illegal to be without one when an officer stops you, but they will still see you as a criminal. It does not matter whether the arrest was for an illegal substance or not. You still need legal representation by experienced professionals such as a criminal defense attorney Daytona Beach-based.

Consequences of a Drug Possession Conviction

A drug possession conviction can negatively affect your professional and educational aspirations. You can lose your job, child custody, housing, or even financial aid. If you have a security clearance or a professional license, you could lose that as well.

But there are ways to fight the conviction. Any prosecutor trying to prove a misdemeanor or felony must indicate particular elements beyond a reasonable doubt. These include the following:

  • The illegal nature of the substance in possession
  • Must be lab-tested to establish if it is a prohibited controlled substance
  • Your knowledge of the drug as the defendant
  • A valid medical prescription does not exist
  • You must have had control over the location and presence of the illicit substance
  • The prosecutor must establish that you knew or ought to have known the presence of the drug and its illicit status

A defense strategy based on insight, facts, and legal experience can highlight doubt in the prosecutor’s case. A weakened case can lead to a not guilty verdict and safeguard your professional or educational standing, which is the primary objective.