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Challenging a Drug-possession Charge

If a person is charged with possession of illegal drugs, their attorney may seek to challenge the prosecution on one or more grounds: refuting the stated facts, testimony, or evidence; zeroing in on procedural missteps; or pressuring the prosecution to provide all necessary evidence at trial. A defendant has the right to due process of law, including search-and-seizure protocol that is carried out properly. For example, if drugs were spotted "in plain view" in their car, they can be used as evidence. If a trunk was pried open without the defendant's consent, that's another matter altogether. A defendant can also claim they hadn't the foggiest idea that the drugs were in their residence or vehicle, and that the drugs must be someone else's. A skilled defense attorney can put the squeeze on the prosecution to prove "ownership". An attorney will force prosecutors to produce, in court, the actual drugs involved in the case. This isn't always a ...