Indiana judges can hand down harsh sentences for drug possession. Hence, if prosecutors have charged you with this crime, you need to think carefully about how best to fight the charges.
Here are some defense options you might consider:
1. THE DRUGS WERE NOT ACTUALLY DRUGS
Not all police officers can identify drugs with 100% accuracy. In the same way that those buying drugs are sometimes duped into thinking that the bag of kitchen herbs is marijuana or the wrap of bicarbonate of soda is cocaine, the police may believe something innocent was an illegal substance.
2. THE DRUGS WERE NOT YOURS
Even if the police find substances in your pockets or your car, it does not signify they belong to you. Someone could have dropped them in there without your knowledge. One thing to watch here is that if they do belong to someone else, you could still be charged with constructive possession if a court decides you knew about it.
3. YOU HAD A PRESCRIPTION FOR THE DRUG
Some pharmaceuticals that doctors prescribe remain illegal for anyone without a prescription. If you can show you had a right to have them, the charges may be dropped.
4. THE POLICE MADE ERRORS WHEN SEIZING OR STORING THE DRUGS
Procedural mistakes, or violations of constitutional rights when seizing evidence may often be enough for a court to throw the charges out or refuse to admit the evidence. Examples include failing to have sufficient probable cause to search, failing to obtain a search warrant or failing to maintain a clear history of how the drugs were stored, accessed and so on between their seizure and the court.
These are only some of the options available to fight drug possession charges. Seek legal help to examine more.
