Marijuana Lawyer - 3 Proven Defenses That Work

Whether you've been caught red handed, in the wrong place at the wrong time, or it was a case of mistaken identity, a marijuana lawyer can help you. There are many possible defenses that can be used to argue your case. Even if the evidence against you is overwhelming, an attorney can help reduce a charge and the subsequent consequences. Being in possession of illegal substances does not have to result in years of imprisonment, even if you are a repeat offender, which is why it's vital to hire a qualified attorney as soon as possible. Here are a few examples of popular defenses that have proven successful in several cases.

Illegal Search
It is important for any suspect who is confronted by the police to exercise their right to refuse a search. The police will ask and even push for permission to search your personal property, which may include your home and car. Under the fourth amendment of the US constitution no police officer is allowed to search a person or their property without permission, a warrant, or probable cause. There are other circumstances where an officer may be able to seize or search property including when drugs or related paraphernalia are in plain view or if there is an immediate threat to an individual's safety. While the laws are complex, a skilled marijuana lawyer will have the experience and knowledge to help build a defense based on an illegal search.

Proof of Possession
When a person is arrested under suspicion of drug charges, it can be for physically having the substance on them or when it is located nearby such as in part of a car, home, or even lying in the street. Constructive possession is when the drugs may not be physically present on an individual's person or their property, but the police are able to make a clear connection with an intention and control over the substances. A marijuana lawyer can be successful in creating a defense against constructive possession because it is much more complex to definitively prove than hard physical evidence.

Entrapment
Some individuals are arrested under suspicion when purchasing or selling substances to an undercover police officer. In some jurisdictions and depending on the circumstances, this could be considered entrapment. There are three criteria required for entrapment to be a possible defense: the illegal interaction was instigated by the officer, there was no initial intention to commit a crime until approached by the officer, and the officer used coercion tactics to elicit the desired response. The responsibility to prove entrapment or lack thereof may fall on either the defendant or prosecutor, depending on local laws. While proving entrapment is complex like any defense, even someone in current possession of illegal substances who was coerced into selling to an undercover officer may still have a plausible argument in their favor. An experienced drug or marijuana lawyer is needed to help research and build up the necessary evidence, witnesses and testimonies required for these cases.