For drug possession charges to hold, the prosecution must prove certain aspects of its case against you. Understanding the factors at play can help you better aid your defense.
Here are four factors you can consider in drug possession cases.
Did you have physical or personal control of the drugs?
Drugs found on your person, such as in your pockets, could support drug possession charges. Additionally, drugs found in a place you had personal control of, such as in a home or apartment, could also support drug possession charges.
Did you know you had the drugs?
Proof that you knew you had illegal drugs is essential in establishing a possession charge. Even if you did not use the drugs if proven that you knew you had them and planned to take control of them, the charge of drug possession is still supported.
Did you have a prescription for the drug?
Drug possession charges are unlikely if you obtained the drugs through a legal channel and have a legitimate physician’s prescription. However, an exception to lawful possession could be if the number of drugs found on you were more significant than what is typical for personal use.
In that case, your possession situation changes in terms of the crime committed. A completely different charge of possession with the intent to sell or distribute may be likely for you.
If charged with drug possession after undergoing an illegal search, your lawyer could help you create a defense that highlights that fact. It is not too late to protect your future.