Possible defenses against drug possession charges

When people in Nebraska are taken into custody on drug charges, there may be a number of different types of defenses available to them. In some cases, the defense may deal with errors of procedure while the approach in other cases may be to refute testimony or other evidence presented as fact.

If evidence is obtained by violating a person's Fourth Amendment rights, charges are usually dismissed. These rights have to do with how the search that led to the seizure of the drugs was conducted. Charges may also be dismissed if crime lab analysis reveals that the substance was something other than drugs or if drugs actually go missing. The latter case may happen if evidence is transferred several times, and the defense should never assume the drugs still exist if they are not produced in court.

One defense may be to claim that the drugs belonged to someone other than the defendant. Another is that they were planted or that entrapment occurred. A plant can be hard to prove, particularly since police may be reluctant to inform on one another, but it is possible to file a motion to release complaints and to interview those who complained if successful. Entrapment happens when a person is enticed to buy drugs as part of a sting operation who otherwise would not have done so.

People should be aware that even drug possession charges can lead to serious consequences. If it is not possible to get the case dismissed and the avenues for defense seem unlikely to be successful, another possibility might be a plea bargain. This can involve pleading guilty to lesser charges and getting a lighter sentence, but people may want to discuss the pros and cons of this deal with an attorney before agreeing to it since the terms are not always favorable.

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  • Nebraska State Bar Association
  • American Association For Justice
  • Illinois State Bar Association
  • The Missouri Bar | Lex
  • ABA | Defending Liberty Persuing Justice
  • United States District Court

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