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Today, almost everyone is aware of a drug offense case! Each year many people get arrested for this. And the majority of these charges deal with minimal amounts of controlled substances that get sourced from a person or his car. Every state in the USA records a considerable number of such cases that invariably leads to sentencing.
Understanding a drug offense
Simply put, the controlled substances are considered as drugs that get regulated by the federal, state, and local government. The act of creating, distributing, and controlling drugs is illegal. And this is based on the drug type and the intention of the criminal. The three types are as follows:
- Manufacturing drugs
- Possessing drugs
- Distributing drugs
Drug crimes and defenses
Some of the defenses are as follows:
- Unwitting possession
It refers to a situation where a person has been keeping drugs without being aware of it. For example, the mail carrier who can deliver a drug package, but is completely unaware of it. Another scenario can be a person borrowing a car which has drugs in it. In both cases, the defendant is not aware of the presence of drugs and hence, can be considered innocent. However, whether this can get regarded as a defense or not, is subject to the courts’ discretion
- Seizures and unlawful searches
Based on the Constitutional guidelines, police should not be walking into a person’s house for a legal search, when they don’t have a warrant. Also, it is essential to highlight the cause.
- Police power abuse
Simply put, it comprises of various illegal processes that get used by the law enforcement agents. A few of the most usual abuses contain unauthorized surveillance, pressure tactics, and planting evidence. You need to be aware that the police have the permit to lie by making use of undercover agents.
A defense attorney will be aware of all these three defense tactics! However, whether he would make use of it, will depend on the nature of your drug offense. Each drug offense is different and needs to get managed differently. Only an expert attorney can do that.