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Common Defenses for Drug Crime Charges

— December 1, 2022

A drug crime lawyer will help you understand your options.

If you have been charged with a drug crime, these defenses will help you better understand your legal options and leave with a positive outcome. It is crucial to contact a lawyer as soon as possible to protect your rights.

After reviewing your case, the attorney can start working on a strong defense. The best path to pursue will be determined by the specifics of your case. It is crucial to be honest with your lawyer and give them a detailed account of the events leading up to the charge.

1. The Defendant Ingested the Illegal Substance Without Knowing It

This defense is strenuously denied by most defendants, who could argue that they did not know the drugs were in their system. The courts feel that no reasonable person should be able to tell if drugs are in their system when it is way too easy to fake a positive drug test result through chemicals and supplements.

2. The Substance Was Transplanted Onto the Defendant

A transplant is when an unlawful item/drug is implanted in another person. It can also be used as a defense where there is evidence that the defendant was intentionally given drugs or some item with traces of illicit substances. You can contact a drug crimes lawyer for help if you have been charged with a drug-related crime.

3. The Defendant Was Under Duress When They Took the Substance

Some drug users may not want to admit to using drugs and would rather lie about it, saying that they went out of their way to get an illegal substance into their bodies because they were forced into doing so by someone else.

4. The Substance Was a Medical Prescription

The courts will not allow medical professionals to lie about prescriptions. Therefore, even if they have a valid prescription, the defendant may still be charged with drug use and possession if they have used illegal drugs.

5. The Defendant Is an Addict

Although this is not a perfect defense, it may be included in a plea bargain instead of a lesser charge, such as misdemeanor possession or drug paraphernalia. The defendant must have multiple accounts supporting this story, and there must be evidence that the defendant has used illegal drugs for a longer time than the average person.

6. The Defendant Was an Informant

Man and woman leaning on vandalized wall; image by Mart Production, via
Man and woman leaning on vandalized wall; image by Mart Production, via

Suppose the defendant finds out they will be arrested for illegal drug use. In that case, they may volunteer information about other people who have used illicit substances or distributed drugs.

It is usually done under the condition that the district attorney will agree to a lesser charge for the defendant and have them testify against others who have used illegal drugs in their jurisdiction.

7. The Defendant Was Acting in Self-Defense

Some illegal drug users will also try to defend themselves and say that they took illicit substances because they were scared that someone else would hurt them. This defense is used in conjunction with the duress defense, which can help the judge understand how the defendant’s use of illegal drugs was not intended but out of self-defense.

8. The Substance Was Legally Obtained

If the police found out that you took illegal substances while they were looking in your car, they would most likely charge you with drug possession and trafficking, even if it was legal to possess them in their jurisdiction at the time of your arrest. There are times when the police have found illegal substances on someone, and they have not been charged with drug-related crimes.

Call a Drug Crime Attorney

There are many defenses for drug use, but not all of them will work in every case. The most important thing to remember is that there are no perfect defenses, but rather the ideal guard must fit your situation, and there should be strong evidence to present at trial.

A drug crime lawyer will help you understand your options and explain the most substantial arguments possible concerning you being guilty or not guilty of a drug crime.

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