Common Defenses To Serious Drug Charges

If you have been accused of the possession, distribution, manufacture, or cultivation of illegal drugs, it’s easy to feel like you don’t have any options. Typically, drug arrests occur after a search of a person’s person, vehicle, or home or after a lengthy investigation involving weeks or months or surveillance, so if you’ve been arrested, it’s completely understandable if you feel like a conviction is inevitable. Fortunately, this is often not the case.

It’s important to be aware of the fact that there are often legal defenses that apply to serious drug cases that may not be apparent to you unless you’ve had significant legal training and experience. It’s for this reason, if you’ve been arrested for any offense related to drugs, you should speak to an attorney as soon as possible. If you don’t, it’s possible that you will be convicted in spite of a violation of your constitutional rights.

If you are convicted of a drug crime, you could be facing serious consequences, including the following:

  • Probation
  • Significant fines
  • Mandatory drug testing
  • Community service
  • Jail time
  • Difficulty finding employment
  • Problems renting an apartment
  • The loss or denial of a professional license

Some of the potential defense that may apply to your drug case are discussed below. For more information and to discuss the specifics of your case with a Knoxville criminal defense attorney, call Barnes Law today at 865-805-5703 or send us an email through our online contact form.

4th Amendment Violations

The 4th Amendment of the United States Constitution places significant limits on the circumstances under which the police can search or seize a person or his or her property. Typically, the police need a warrant to conduct a search or seize a person or property unless an exception applies. When the police violate this rule, it can result in any evidence they gathered be suppressed, meaning that it cannot be used in court. In cases where the discovery of drugs or other contraband was the result of an illegal search, the prosecution is typically forced to drop the case due to a lack of admissible evidence. Importantly, 4th Amendment law is extremely complicated and violations can be difficult to spot, so it’s important for anyone that’s been arrested after a search or seizure to have the facts of their case reviewed by an experienced attorney.

Lack of Knowledge of Possession

Typically, laws that prohibit the possession of certain drugs require that the accused have actual knowledge of the fact that he or she was in possession of the drugs in question. How could you be in possession of something and not know it? For example, your friend could surreptitiously place drugs into your glove box and accidentally leave them there, or someone could slip a pill bottle into your purse or backpack without you knowing it. While these examples seem farfetched, these situations and others like them happen more often than one may expect, and many people are shocked to find themselves accused of possessing illegal drugs.

Fortunately, there are ways that an experienced attorney can cast doubt on the prosecution’s assertion that you were aware of the drugs of which you are accused of possessing. As it’s impossible to read a person’s mind, a lack of knowledge can only be inferred from the circumstances. Some of the circumstances that could lead a judge or jury to doubt the prosecution’s assertion that you were aware of the drugs include the fact that you do not have a history of drug use, a lack of evidence that you had recently used the substance in question (i.e., a clean drug test), or strong evidence that the drugs belonged to someone else who had access to the place where the drugs were found. In order to determine whether a lack of knowledge defense would be viable in your case, you should discuss the facts of your case with an experienced attorney.

Entrapment

While the police are allowed to conduct sting operations, they’re not allowed to induce people to commit crimes that they would not have otherwise committed. When this occurs, defendants may be able to assert the defense of entrapment, which can result in the dismissal of the case or an acquittal. Whether entrapment occurred in a given case is often an extremely complicated legal question, so if you believe you were induced in any way to commit a crime, you should speak to a lawyer immediately.

In Some Cases, Negotiating a Favorable Plea Bargain is the Best Option

Sometimes, there are no viable legal defenses to raise in a drug case. This is not to say that an attorney cannot help you obtain a better result to your case than you would obtain on your own, however. A lawyer familiar with Tennessee criminal defense practice can often negotiate a favorable plea bargain that can significantly reduce the consequences that you are facing. In addition, an attorney can advise you to take certain steps prior to your first court appearance that can increase your chances of a lenient sentence. For example, drug offenders who voluntarily enter a rehabilitation program and have evidence of abstinence from using drugs or alcohol are often viewed much more favorably by prosecutors and the court. In fact, a lawyer may even be able to get you into drug court, a diversionary program that, if completed successfully, could result in court completely dismissing the case against you.

Call Barnes Law Today to Speak with a Knoxville Criminal Defense Attorney If you have been accused of a drug crime in Tennessee, you are facing serious consequences that could have an impact on your life for decades to come. John Barnes is an experienced criminal defense attorney who is committed to helping his clients protect their legal rights and move on with their lives with as little legal consequence as possible. In some cases, this means fighting for an acquittal at trial, while in others, it means negotiating the most favorable plea bargain possible, and John is both an aggressive litigator and a skilled negotiator.