Being slapped with drug charges can be a life changing experience, especially if you’re convicted. Fortunately, there are many ways to defend yourself against drug crimes in Delaware. Here are some few things to look at — not all will apply to your specific case, but an experienced criminal defense lawyer can help you determine which defense strategies are most applicable to your situation.
Explore Avenues of Actual Innocence
The first avenue that must be explored in a drug possession defense is that of actual innocence. Did the drugs belong to someone else? Were the drugs found in a common place shared between you and other people? If enough evidence exists, you may be able to argue that the substance simply did not belong to you.
Explore Police Misconduct
It’s always crucial to deconstruct the actual search and seizure process in order to ensure that police followed the law when searching your person or your property and seizing the illegal substance. Without a warrant or probable cause, the search may be deemed illegal and the evidence may be thrown out. If the search was against the law and the evidence is inadmissible in court, you stand a better chance of having the charges against you dismissed.
Explore Crime Lab Analysis
In order to have a strong case against you, the prosecution must prove that the substance that was seized from you at the time of your arrest was, in fact, an illegal drug. It’s not enough to simply suggest that a bag of white powder that looks like cocaine actually is cocaine without a lab test to prove it. Additionally, the prosecution must prove that the chain of custody remained intact while the substance was transferred and tested at the crime lab. Any possibility that the substance could have been tampered with may be enough to place doubt in the mind of a jury or a judge that the evidence against you is sound.
Contact a Delaware Drug Possession Attorney for a Consultation Today
Don’t wait to get legal help after being arrested for drug possession in Delaware. You stand to face serious penalties that could change your life — it’s crucial that you have someone trustworthy and experienced in criminal law to defend your rights and fight for you. Contact Whitehead Law today for a consultation to discuss your legal options with a criminal defense attorney and what your next step should be following a drug possession arrest. Call now at (302) 663-7975.
