There are valid defenses in marijuana possession cases
- On behalf of Mike G Law posted in Federal Drug Charges on Thursday, December 1, 2016
Not everyone who is accused of committing a drug offense in Florida is guilty of the charge. Especially today, when authorities give us reason not to trust them and when marijuana laws are changing, men and women find themselves facing reckless drug charges.
There is a reason why in the United States suspects are to be presumed innocent until proven otherwise. Everyone deserves a criminal defense because it is in that defense process where the truth is determined.
The following are areas of defense where the truth will often set marijuana possession defendants free:
Entrapment by authorities led to the arrest and charge
The matter of entrapment can be complicated and its details vary from state to state. Basically, police are not supposed to trick or entice someone who otherwise would not commit a crime into committing a crime.
Suspect didn’t know they were in possession of controlled substance
Intent is a big deal in criminal law matters. If someone didn’t know a controlled substance was in their car or otherwise in their possession, their defense attorney will find that as valuable information.
Arrest and charge were result of unlawful search and seizure
Authorities must have probable cause in order to search you or your property for marijuana or other controlled substances. If your constitutional rights were violated in order to support charges against you, those charges can be fought.
Defendant was acting in accordance with Florida’s medical marijuana laws
As we have discussed in prior posts, the state’s medical marijuana laws have changed and will change further in the future. Even law enforcement officials and prosecutors can misunderstand the current laws.
An effective drug possession defense attorney will not misunderstand the laws that are applicable to your criminal case. If confusion about marijuana laws and/or any of the above issues contributed to your arrest and criminal charges, you have a strong case and chance at protecting your freedom and name in court.