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Fighting drug possession charges

On Behalf of | Jul 14, 2022 | Drug Charges |

Anyone stopped and searched in Nebraska may find the interaction with the police leads to serious charges if the officers discover drugs. Possession of illegal drugs may result in felony charges, and those already on parole or probation may find their difficult situation becomes far worse. No matter how troubling the case looks, anyone arrested on drug charges has the right to a defense. In court, the defendant may prove that they never had any control over the drugs at the center of the charges.

Defending drug possession charges

If someone does not know the drugs are on their property, drug possession charges might not have merit. More than one person might live at a residence, and the owner could face charges for a tenant’s decision to keep drugs in their room. The owner may also lack control over the drugs. The tenant could put controlled substances inside a locked safe that the owner could never access. Ultimately, establishing a lack of possession and control could work in the accused’s favor.

Even establishing that the drugs belonged to someone else might be enough to undermine a prosecutor’s case. Unfortunately, incidents of mistaken identity or a rush to arrest someone may result in the wrong person facing charges.

Fighting the charges

Defendants sometimes face unnecessary and improper arrests for drugs. Today, many drug charges involve the illegal possession of prescription pills. If the defendant can prove they have a valid prescription, there’s nothing illegal about possessing the pills.

The facts surrounding any violations of the defendant’s rights could come up in court. Any acquired evidence might be inadmissible if the police conducted an illegal search or lacked probable cause. A drug possession charge would likely be dismissed if the prosecutor cannot enter the contraband into evidence.