In a drug possession case, the prosecution has to be able to meet a high burden of proof to secure a conviction. When someone is accused of a crime, they do not have to prove anything, rather he or she simply needs to be able to cast doubt on the prosecution’s case. Because of that, there are several Omaha drug possession defenses that are available depending on the specific facts of the case.
A detail-oriented drug possession lawyer can evaluate the facts of your case to determine what defenses may be available. They can then argue that defense in court to work towards a more positive outcome.
Common Defenses to Drug Possession Charges
There are several potential defenses that may be available depending on the specific facts of the case. An attorney will generally do a constitutional analysis to determine whether the accused’s rights were violated. Common examples of violations of a person’s constitutional rights are illegal searches. If a person’s rights were violated any evidence they found in the search could be kept out of the trial. Depending on the circumstances, this could result in the case being dismissed.
They would then work to determine whether the substance was actually a controlled substance. That requires a test from a laboratory or a review of the lab results of the drugs the government had tested. If the substance the government seized was not a controlled substance, the person did not commit a crime.
Finally, there is the issue of whether the government can actually prove the individual who was arrested was in illegal possession of the drug. If they cannot meet their burden of proof, they cannot find the person guilty.
How Does an Omaha Lawyer Build a Defense?
One of the biggest mistakes people make is talking to the police before talking to a lawyer. If a person does not discuss his or her rights with an attorney, he or she may end up consenting to a search that he or she did not need to consent to.
Further, the earlier an attorney is on a person’s case, the sooner they can begin defending their rights. A lawyer’s knowledge is also of great value when evaluating the evidence. Depending on the circumstances, they might be able to find a resolution that prevents the person from having a conviction on their record, avoiding a felony conviction, or avoiding prison time.
The key is to get a lawyer who studies the facts, dissects the actions of police, and holds the government accountable. A lawyer with little or no experience in drug possession cases does not understand all the defenses available. Drug possession charges can have life-long implications. Contacting a criminal defense attorney immediately before any action is taken puts the accused in a good position to get the best result.
Discuss Potential Omaha Drug Possession Defenses
The sooner an attorney starts working to identify potential Omaha drug possession defenses, the better the outcome of the case may be. A thorough lawyer can work to thoroughly investigate the fact of a case to identify any mistakes in the prosecution’s case. They can then clearly illustrate those mistakes to the court. Call Berry Law today for a confidential case evaluation to learn more.
