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.
Among the most used defense tactics is; refusing to claim ownership of the substances found or argue that they must have been planted, entrapment which is a misuse of power by the officers, conducting an unlawful search without a warrant or consent from the suspect, and stating that the substance is only subscribed by a physician for medicinal purposes. Depending on your cases, it is wise to always trust your lawyer to choose the suitable defense strategy since they are more experienced in this.
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.
When presented to a jury or judge, the argument is usually strong and convincing if the suspect has no criminal record; however, there is still hope for those who have a record as they can argue that they also have no idea who the drugs belong to and that they must have been planted. In a suggestive manner, your lawyer can use your criminal record to indicate the antagonism between you and the police suggesting that they must have planted them during the seizure.
Also, one can dispute the charges by proving that they were entrapped by the officer who undertook the operation. As its known, the police are known for their sting operations whereby they entice suspects into committing crimes and arresting them as soon as there is enough evidence to charge them; this however can be used against them if it is well argued as an entrapment.
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.
Owing to the severity of drugs related charges, one ought to be really careful on how they handle these cases and therefore proceeding with the court sessions without a defense lawyer is unreasonable. Hiring a competent lawyer with a reputation that precedes them is one other thing that one ought to consider as these matters cannot be taken lightly and therefore thorough check up on them should be conducted to ensure they are up to the task and they are not a recipe for disaster in court.
Among the most used defense tactics is; refusing to claim ownership of the substances found or argue that they must have been planted, entrapment which is a misuse of power by the officers, conducting an unlawful search without a warrant or consent from the suspect, and stating that the substance is only subscribed by a physician for medicinal purposes. Depending on your cases, it is wise to always trust your lawyer to choose the suitable defense strategy since they are more experienced in this.
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.
When presented to a jury or judge, the argument is usually strong and convincing if the suspect has no criminal record; however, there is still hope for those who have a record as they can argue that they also have no idea who the drugs belong to and that they must have been planted. In a suggestive manner, your lawyer can use your criminal record to indicate the antagonism between you and the police suggesting that they must have planted them during the seizure.
Also, one can dispute the charges by proving that they were entrapped by the officer who undertook the operation. As its known, the police are known for their sting operations whereby they entice suspects into committing crimes and arresting them as soon as there is enough evidence to charge them; this however can be used against them if it is well argued as an entrapment.
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.
Owing to the severity of drugs related charges, one ought to be really careful on how they handle these cases and therefore proceeding with the court sessions without a defense lawyer is unreasonable. Hiring a competent lawyer with a reputation that precedes them is one other thing that one ought to consider as these matters cannot be taken lightly and therefore thorough check up on them should be conducted to ensure they are up to the task and they are not a recipe for disaster in court.
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