Each year in Georgia thousands of people are arrested for drug-related crimes. In many of these cases, the arrest is made because a small amount of illegal drugs were discovered in an individual’s car or person. If you have been charged with possessing or selling illegal drugs, there may be defenses you could raise. To avoid possible conviction or plea for a reduced sentence you need a Gainesville drug crimes attorney that has understands the court system and drug crime defenses. Possible Drug Crime Defenses in Georgia include:
Search & Seizure Legal
Under the Fourth Amendment to the U.S. Constitution, we are protected from all unlawful search and seizures. This means that the authorities must obtain the evidence through a lawful search and seizure. If the drugs were found in your home, authorities need a warrant in most cases for the recovery of the drugs to be legal. If the illegal drugs were in your car, a police officer can argue that the drugs were in “plain view.” This allows the drugs to be seized without a warrant and used as evidence in court. In cases where there was clearly a violation of these principles, you could have the charges dropped.
Were the Drugs Yours?: Sometimes you’re truly in the wrong place at the wrong time. For example, you lend a friend your car and they stash something under the seat and you had no idea. It is plausible that someone could have left drugs at your house. Maybe a friend gives you a bag for safe keeping and unknowingly it stores drugs. If you are arrested for drugs that are clearly not yours and you can prove that, then you might be able to have the charges dropped.
Misidentification and Crime Analysis Mistakes
Once in awhile, a drug charge is reversed because there were actually no drugs involved. There are substances that can resemble illegal drugs. For example, some non-drug white powders may have the appearance of cocaine. It is the state’s responsibility to test and prove the substance it claims is an illegal drug is in fact so. This is done through professional lab testing. If there is an error in the analysis or the substance turns out not to be an illegal drug you can assert these as viable defenses.
Entrapment occurs when the government (or government agency) causes an innocent person to commit a crime. If you’re going to assert this defense you bear the burden of proving (1) it was the government that induced you to act and commit the crime; and (2) that you did not have a predisposition to commit that crime. This is a common defense. Under the correct facts, it can be a successful argument or defense. Not every case will support an entrapment defense.
Contact a Gainesville Drug Crimes Attorney Today
Drug charges are serious and can have long-term consequences, including significant prison sentences and fines. You need an experienced criminal law attorney that has defended drug crimes for those who are in the same situation. Call us at 678-889-7953 to discuss the details of your case.