Defenses to Drug Possession

Criminal lawyers defending a charge of drug possession can seek to establish that the defendant was unaware of the illegal or controlled nature of the drug (this requires a special motion), was in legitimate possession of the drug, for instance, with a medical prescription, that the drug was found in an entrapment operation by the authorities, or that the rights of the defendant as stated in the Fourth Amendment were violated in a search and seizure operation. A criminal defense lawyer can also try to defend on the grounds that the defendant was unaware of the fact that the drugs were in the premises controlled by them. However, this is more difficult to prove if the drugs were found on the body of the defendant or in a container held by the defendant for obvious reasons. Many persons charged inquire as to the likelihood of having a degree of felony reduced if they are able to establish that the drugs were for personal use and not for sale.