Adoption 101: The Legal Fundamentals

Adoption 101: The Legal Fundamentals

Charged With Drug Possession? How To Protect Yourself

Brayden Miles

Were you recently arrested for allegedly possessing drugs? Maybe it wasn't you and it was someone you know. Whatever the case may be, without a solid and strategic criminal defense, a charge like this could have a significant impact on the rest of your life—and not in a good way. The good news is that there are certain steps you can take immediately to protect yourself and start proving your innocence in this matter. Your first step is to hire an attorney. Then, along with these tips, you and your lawyer will begin to develop a solid defense to secure your freedom.

Understand the Law of Search and Seizure

It is important to know that an unlawful search and seizure cannot take place against you by the authorities. If you are not familiar with what this means, it means that police are not permitted to search your person or your property and remove evidence without your individual permission, probable cause, or a court-ordered warrant.

Therefore, think back to the circumstances surrounding the arrest. If authorities entered your vehicles or your residence without your permission or a warrant, then there is a good chance that your Fourth Amendment rights were violated. As a result, anything that they took as evidence during that unlawful search and seizure cannot be used as evidence against you. That evidence should be dismissed, and because of this, the drug possession charges likely will be as well.

Be Aware of Chain of Custody Rules

When you are arrested, any evidence that is collected will immediately begin a chain of custody. There are many arrests made on any given day, which means that evidence rooms can get busy and crowded. It is not that uncommon for drugs and other evidence to get lost during transfer.

Make sure that you request proof of chain of custody. After all, you do not want to be placed behind bars for drugs that are not yours. Charges have to be dismissed if the drugs that were seized from you cannot be located or if the wrong drugs are used as evidence.

Prove the Drugs Aren't Yours

Authorities can pick you up because of circumstantial evidence, but circumstantial evidence is just enough to create reasonable doubt. While drugs were found in your vehicle or in your home, it does not necessarily mean that they are yours. Anyone that has been in your vehicle or home could have placed those drugs there. It is the prosecution's job to prove the drugs are yours, and it is your attorney's job to prove reasonable doubt and/or that they aren't yours.

Each drug possession charge and situation is different. Therefore, it is important to discuss all the facts with your lawyer to determine how to proceed. If you are facing a drug possession charge, contact a lawyer from a firm like Price Law Firm, P.A in your area immediately.


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About Me
Adoption 101: The Legal Fundamentals

If you've decided that you want to adopt a child, the first thing you should do is reach out to a family law attorney. While it may not seem logical to get an attorney involved from the start, it's important that you protect yourself legally from the beginning. After making the decision to adopt, I have been through the process several times. I created this site to help other adoptive parents understand what they can expect from the entire process, including the legal support you're likely to need. I hope this information helps you feel more confident in this major life decision.