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6 Defenses You Can Use After Being Charged With Drug Possession

December 22, 2023Eric G. Johnson

Navigating the complexities of a drug possession charge can be daunting, but understanding the available defenses is crucial for anyone facing such allegations. At John D. & Eric G. Johnson Law Firm, we specialize in crafting robust defense strategies for those accused in Louisiana. Our goal is to demystify the process and provide strong legal support to help our clients achieve the best possible outcome.

The landscape of drug possession charges is intricate, with each case presenting unique challenges and opportunities. Knowing the right defense to employ can significantly impact the case’s outcome. With our deep knowledge of Louisiana drug laws, we’re committed to exploring every possible angle to defend our clients effectively.

Table of Contents

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  • 6 Defenses You Can Use After Being Charged With Drug Possession
    • Unlawful Search and Seizure
    • Lack of Possession
    • Drugs Belong to Someone Else
    • Entrapment
    • Insufficient Evidence
    • Medical Marijuana Exception
  • Why Choose John D. & Eric G. Johnson Law Firm for Your Drug Possession Defense?

6 Defenses You Can Use After Being Charged With Drug Possession

The defenses against drug possession charges are as varied as the circumstances surrounding each case. They range from challenging the legality of the evidence obtained to arguing for mitigating factors that might reduce the severity of the consequences. Each defense strategy requires a deep understanding of the law and a keen ability to apply it to the unique facts of each case. Below, we explore some of the most common and effective defenses used in drug possession cases.

Unlawful Search and Seizure

One of the most common defenses is challenging the legality of how the drugs were discovered. If law enforcement violated your Fourth Amendment rights by not obtaining a proper search warrant or not having probable cause, the evidence gathered may be excluded from the court proceedings.

Lack of Possession

This defense argues that you did not have actual or constructive possession of the drugs. It must be proven that you were unaware of the drugs’ presence or that they did not belong to you, potentially leading to the dismissal of the charges.

Drugs Belong to Someone Else

Closely related to lack of possession, this defense asserts that the drugs found were not yours but belonged to another person. This can be an effective defense if there is evidence supporting this claim.

Entrapment

Entrapment occurs when law enforcement officers induce a person to commit a crime they would not otherwise have committed. If you can prove that you were coerced into possessing the drugs, this defense can be used to nullify the charges.

Insufficient Evidence

In some cases, the prosecution may not have enough evidence to prove beyond a reasonable doubt that you were in possession of the drugs. Challenging the sufficiency of the evidence can lead to a dismissal or reduction of charges.

Medical Marijuana Exception

In states where medical marijuana is legal, having a valid prescription can be a valid defense against marijuana possession charges. However, this defense is subject to the specific laws and regulations of the state.

Why Choose John D. & Eric G. Johnson Law Firm for Your Drug Possession Defense?

At our law firm, we understand the nuances of defending drug possession charges. Our experienced team is adept at navigating the legal system in Louisiana and is committed to providing a defense tailored to the specifics of your case. We recognize the critical nature of these charges and work diligently to protect your rights and pursue a favorable outcome.

Whether it’s employing sophisticated defense strategies or negotiating for alternative resolutions, our firm is equipped to handle every aspect of your drug possession case. For expert legal guidance and robust defense in your drug possession case, contact John D. & Eric G. Johnson Law Firm at (318) 377-1555 or fill out our contact form. Let our experienced team support you through this challenging time with our comprehensive legal services.

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John D. & Eric G. Johnson Law Firm, LLC
Office: 318-377-1555 | Fax: 318-377-1559
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John D. & Eric G. Johnson Law Firm, LLC
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Minden, LA 71055

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 Serving the entire State of Louisiana including Minden, Ruston, Monroe, Shreveport, Bossier City, as well as Caddo, Webster, and Ouachita parishes.
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