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What defenses exist to claims of drug possession?

| Mar 25, 2019 | Criminal Defense |

Any drug charge has the potential to be a serious legal problem for a Virginia resident. Readers are encouraged to use the information provided in this post as a starting point for learning about their criminal defense options to such criminal allegations but are reminded that this post does not offer legal advice. Readers should consult with their attorneys for case-specific strategies for overcoming their legal dilemmas.

A charge of drug possession alleges that a person had on their person or under their control a substance that has been deemed illegal under the law. One of the most basic defenses that an individual may be able to assert is mistake. If a law enforcement official makes an error in the identification of a substance as an illegal drug, then it may be possible for the individual to have their charges dropped.

If the substance found in the possession of the individual is in fact illicit, other defenses exist. The individual may be able to demonstrate that the substance was found through an illegal search and seized in violation of the law. They may also be able to show that they were set up by law enforcement officials in a case of entrapment, which has limits on what is permissible.

Possession by another person, crime lab mistakes, and a host of other defenses may provide Virginia residents with options for refuting the drug possession allegations that have been made against them. Defenses exist to many criminal allegations, and when drug charges are lodged individuals can take proactive steps to protect their rights, save their futures and defend themselves through the law.