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Florida Drug Defense Attorney > Blog > Drug Crime Defense > Common Defenses to Drug Crime Cases

Common Defenses to Drug Crime Cases


Pleading not guilty to criminal charges, whether for drug charges or any other misdemeanor or felony is more than a matter of just saying “I didn’t do it.”  The United States Constitution, federal and state statutes, and case law have contributed to a complex process in which the prosecution must prove beyond a reasonable doubt that the defendant committed the alleged crime and can receive a punishment for it.  In order to achieve a guilty verdict, the prosecution must also demonstrate that the state respected the defendant’s rights during every stage of the process.  Unfair arrests, guilty pleas, and trials are more common than you might think, and once a conviction is on your record, you have an uphill battle to convince prospective employers that you are trustworthy.  The best thing you can do if you are accused of possession or sale of illegal drugs is to hire a Florida drug crimes defense lawyer.

So, the Police Found Drugs in Your Car

What happens if the police find drugs in your possession?  Does it mean that your only choices are pleading guilty and going to jail or being found guilty at trial and then going to jail for an even longer time?  Not necessarily.  These are some common defenses that defendants use to avoid being found guilty.

  • They Weren’t Illegal Drugs – Unless the substance confiscated by the police has been analyzed at a crime lab, and unless the person who analyzed them testifies at your trial, identifying the substance in their testimony, then there is reasonable doubt. The prosecution is only showing the jury a baggie full of white powder; they cannot be sure whether it contains cocaine, baking soda, baby powder, chalk dust, or any other substance of similar appearance.
  • The Drugs Weren’t Yours – If you are one of several people who drives your car, you might not have known that there were drugs in your glove box; maybe the drugs belonged to a friend of your roommate. This defense is especially compelling if you consented to the search, not expecting that there would be drugs in your car.
  • The Drugs Weren’t Illegal – If you have a medical marijuana card, you can legally possess a certain amount of marijuana. Likewise, if the drugs found in your car were prescription drugs with a high potential for abuse, you will not be found guilty if you show that a doctor had prescribed the drugs to you legally.
  • There Are No Drugs – If the prosecution does not show the drugs in court as an evidence exhibit, there is reasonable doubt as to whether there were never any drugs in your car. You would be surprised how often the prosecution is not able to find the confiscated drugs and show them to the jury.

Contact FL Drug Defense Group About Drug Possession Charges

A Florida drug offense lawyer can help you decide whether to seek a plea deal or to fight your drug charges.  Contact FL Drug Defense Group to discuss your case.


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