The prosecutor must prove every element of a drug possession case against you beyond a reasonable doubt. If they cannot do so, they will not be able to win a conviction. You would be left with a choice about whether you want to take your case all the way to trial or attempt to negotiate a plea bargain with the prosecutor. The criminal defense lawyers at Hogan Eickhoff can help evaluate your case and learn whether you have any compelling defenses to the charges that have been filed against you.
You Can Challenge the Evidence Being Used Against Them
If you intend to fight the charges against you, one of the main avenues is to contest the evidence that the prosecutor intended to use as part of their case. Drug possession necessarily means that the police have taken evidence to rely upon to prove one or more elements of the alleged crime. If you are able to contest the evidence and have it suppressed in court successfully, it could drastically weaken the prosecutor’s case against you.
There are several ways to attack the evidence that is being used in your case. One of the main arguments against evidence is that it was illegally seized. Under the Fourth Amendment to the United States Constitution, you have the right to be free from illegal searches and seizures. If the police have violated this right by taking evidence from you, there is a possibility that it could be suppressed in court as the fruit of the poisonous tree.
Police may have never had probable cause to conduct a search in the first place, and the warrant could be facially invalid. In other cases, police may have been relying on an exception to the warrant requirement to conduct a search and seizure that they never had the right to use.
The actual evidence itself may be subject to challenge. In order to introduce evidence at trial, police must authenticate it and show that there was a chain of custody between the time of the seizure and when it was being used at trial. You could argue that the actual evidence against you is tainted, therefore making it unreliable and inadmissible in court.
You Can Contest the Individual Elements of the Crime
Besides challenging the evidence being used against you, there are other ways that you can fight drug possession charges. Remember that it is the prosecutor who has the burden of proof to demonstrate every element of the charges against you. It is possible to substantively defend against the charges by arguing that the prosecutor did not establish each and every single element of the case. Drug possession is a crime of intent. The prosecutor needs to prove that you knew you were possessing an illegal and controlled substance to win a conviction against you. One common defense is that you did not know that you had drugs in your possession. Someone may have given you something to keep in your possession, and you had no idea that they were illegal drugs.
You Can Contest Law Enforcement’s Conduct After the Arrest
You can also contest drug possession charges based on the conduct of law enforcement. Drug possession arrests often come at the conclusion of a sting operation or a bust. These operations may be rife with misconduct, and they could taint any charges that are filed against you. For example, police may have entrapped you into committing a crime when you had no such intention. An undercover officer may have approached you to sell you drugs, and you initially said no to the offer. Then, the officer may have pressured you or not taken no for an answer until you did what they asked. This behavior could be considered entrapment, and it is a valid affirmative defense to drug possession charges.
A police officer may have violated your rights after you have been arrested. You have the right to an attorney, and police cannot continue to question you after you have invoked this right. Police have to explicitly inform you of this right at the time you have been arrested. Law enforcement may have persisted in asking you questions when you had already said that you wanted an attorney, resulting in incriminating evidence being used against you in court. It is possible to defend your case by working to suppress that evidence because it was illegally obtained in violation of your rights.
A Criminal Defense Lawyer Can Help You Determine Your Path Forward
It would be up to you and your criminal defense attorney to determine whether you want to fight the charges against you after you have been arrested. Your criminal defense lawyer may advise you that it is in your best interests to negotiate a plea deal with the prosecutor. Drug possession convictions do not always have to mean jail time, but they would still have a large impact on your life, even if you stayed out of prison. If you begin your drug possession case by mounting a vigorous defense against the charges, it may put you in a stronger legal position should you choose to negotiate a plea bargain later in time. When the prosecutor sees that you are serious about fighting them every step of the way, they may be more willing to make a better plea bargain offer.
Contact an Appleton Criminal Defense Attorney Today
If you find yourself facing drug possession charges, you need immediate legal help from an experienced Appleton criminal defense attorney. The lawyers at Hogan Eickhoff can conduct an immediate review of your case to help determine whether you may have an opening to fight the charges against you. If you choose to fight, we are experienced courtroom advocates who take an aggressive approach to defending our clients. To schedule a free initial consultation with one of our criminal defense attorneys, you can contact us online or call us today at (920) 450-9800.