Tips On Getting Drug Possession Defense Memphis TN

By Lelia Hall


Due to the increased cases of drug trafficking and combined efforts of fighting its abuse, drug possession is considered a crime and can get one to a jail sentence of up to 15 months. It is for this reason that one ought to seek drug possession defense Memphis TN, in order to get a competent defense attorney who is experience in this field and as a result can put up a strong defensive case.

Some of the popularly known defense tactics entail; claiming that the drugs did not belong to you, the drugs were planted, abuse of power by the police through entrapment, searching the premise or vehicle without a warrant and stating that they are meant for medicinal purposes if its marijuana. It is however wise to leave it to your attorney to choose the best defense that is suitable to your case.

By refusing to accept being the owner of the seized substances one has a chance of dismiss the case especially if the suspect was not alone during the seizure. In order to put this argument across, your lawyer can ask the prosecutor to support his argument of claiming that you own the substances. This usually gets difficult for the prosecutor if there is no evidence that links you to the substance apart from them being found on you.

This strategy works well for people who have a clean record which makes it easier to dismiss the case; however, those with a criminal record can also claim that the found package was planted. In other words, arguing that the one has some sort of antagonistic relation with the police, and perhaps getting a professional to calculate the retrieval procedure, one can strongly argue that they were set up.

The misuse of power is a strong defensive that always get one to win if implemented the right way as the police force is known for this. Even though they are allowed to used sting operation to trick suspects into breaking the law under their watch an then arresting them, some instance can be categorized as entrapment depending on how the police got the suspect to commit the crime.

As require by the law, one needs consent from the owner of a certain property or a search warrant in order to conduct a search. Otherwise, the officer is only require to put the suspect in custody until they obtain a search warrant if they have reason to believe they are guilty; failure to do so, any evidence collected is regarded invalid and cannot be used in court.

Finally, one can dispute the charges if they can prove that they have a condition that requires marijuana for medicinal use if its the substance seized. For this, one must have a recommendation from a doctor that proves this condition which will consequently dismiss the charges as most states have legalized the used of this substance only for its medicinal value.

Given the severity that comes with these charges, going ahead to court without a defense lawyer who is competent in this field is unwise as one risks getting penalties that will forever affect your life. It is for the same reason that one should check up on the lawyer they are about to hire as they need to have a record that proves their competency; otherwise, one is bound to getting a severe penalty due to a weak defense strategy.




About the Author:



No comments:

Post a Comment