Just the same as other states, there are people in North Carolina who are charged with drug possession and/or similar crimes. As scary as this may be, it is important to remember one thing: there are a variety of drug possession defense strategies to consider. By taking the right approach, you or your loved one may be able to avoid serious punishment.
Some defenses to drug possession are more commonly employed than others; however, each and every one should be considered.
FindLaw discusses a variety of strategies, starting with "unlawful search and seizure." It notes the following: "The Fourth Amendment to the U.S. Constitution guarantees the right to due process of law, including lawful search and seizure procedures prior to an arrest. Search and seizure issues are quite common in drug possession cases."
In short, if a person's Fourth Amendment rights are violated, the drugs seized by authorities cannot be used as evidence.
Other types of defense strategies include:
-- Drugs that belonged to another party
-- Crime lab analysis
-- Missing drugs
-- Drugs that were planted
-- Medical marijuana exception
As you can see, there may be times when a person was unknowingly in possession of drugs. This could lead to an arrest and subsequent charges, putting the accused in a difficult position.
Nobody wants to get tangled up in a drug possession case, as this means they could face serious consequences, such as jail time, fines and community service. If you or a loved one is in this position, it is a must to learn more about the many available defense strategies.
Source: FindLaw, "Drug Possession Defenses" accessed Mar. 18, 2015