Effective Strategies for Defending Against Drug Possession Charges in Alabama

Drug possession offenses can have serious penalties in Alabama, and you should always take charges seriously. Your first course of action should always be to consult a Montgomery criminal defense lawyer from The Law Office Of Richard F. Matthews, Jr., LLC. 

Defending against drug possession charges in Alabama requires a strategic and comprehensive approach. Below are only some examples of effective strategies that a skilled defense attorney may employ to build a strong defense, depending on your situation. 

Illegal search and seizure 

Challenging the legality of the search that led to the discovery of drugs is a common defense approach. If law enforcement violated Fourth Amendment rights, evidence may be deemed inadmissible.

Lack of Possession

Asserting that the accused did not have actual or constructive possession of the drugs can be a successful defense. This could involve demonstrating that the drugs were not found on their person or within their control.

Unwitting Possession

This argues that the accused was unaware of the presence of drugs, and it is common in cases where individuals share vehicles or belongings.

Challenging Lab Results

We can contest the accuracy of drug testing results. Issues with the handling, storage, or testing process can cast doubt on the reliability of the evidence.

Chain of Custody Issues

We commonly raise concerns about the proper handling and documentation of the seized drugs from the time of discovery to the presentation as evidence.

Suppression of Statements

Seeking to suppress any statements made by the accused, especially if obtained without the proper Miranda warnings or under coercive circumstances, can often help get charges dismissed.

Mistaken Identity

You can present evidence suggesting that the accused was misidentified as the possessor of the drugs, highlighting flaws in witness testimony or police procedures.

Entrapment

Arguing that law enforcement induced the accused to commit the crime, leading to a defense of entrapment, can sometimes get charges dropped.

Illegal Traffic Stop

If the drugs were discovered during a traffic stop, challenge the legality of the stop itself. If it was without reasonable suspicion, any evidence obtained may be suppressed.

Medical Necessity Defense

In cases involving prescription drugs, assert that the accused had a valid prescription or that the possession was for legitimate medical reasons.

Constructive Possession Defenses

Dispute the prosecution's argument of constructive possession by demonstrating that others had equal or more access to the area where the drugs were found.

Diversion Programs

We can explore alternative resolutions, such as drug diversion programs, that focus on rehabilitation rather than incarceration.

Consult a Montgomery Criminal Defense Lawyer Immediately

Navigating drug possession charges demands a tailored defense strategy based on the unique circumstances of each case. Consulting with an experienced criminal defense attorney in Montgomery is crucial to identifying the most effective strategies and building a robust defense aimed at achieving the best possible outcome.

Contact The Law Office Of Richard F. Matthews, Jr., LLC, today to set up your consultation. We can answer your questions and advise you what to expect in your case.