Drug possession is a serious offense in Florida, carrying the potential for harsh penalties including jail time, probation, and fines. If you’ve been charged with such a crime, it’s vital to understand the possible defenses that may be available to you.
Lack of probable cause
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One possible defense is that the police did not have probable cause to search the person or their property. If the search was conducted without a warrant, the defense may argue that it was illegal under the Fourth Amendment and that any evidence obtained as a result should not be allowed in court.
Issues during chain of custody
The chain of custody is the process by which evidence is collected and preserved from the time of the crime to the time of trial. If there are any errors or gaps in the chain of custody, it may be possible to challenge the admissibility of the evidence.
Errors in crime lab analysis
Another possible defense against a drug possession charge is that the crime lab made errors in its analysis of the substance in question. This could include mistakes in identifying the substance or in calculating the amount present. If the errors are significant, they may be enough to undermine the prosecution’s case.
Entrapment
In some cases, the defense may argue that the person only possessed the drugs because they were entrapped by law enforcement. This requires showing that the police induced a person to commit a crime that they would not have otherwise committed.
These are just a few of the many possible defenses against drug possession charges. The one that may apply to you will depend on the unique details of your case, and it’s worth the effort to uncover it. With the right strategy, you can fight back against your charges and preserve your rights, freedom, and future.
