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Drug Possession Charges: Defenses that can be used to Challenge Drug Charges

 “In the midst of even the most serious  drug charges, a good  criminal defense attorney may be able to argue justifiable defenses that often  lead  to a case dismissal, or other favorable outcome in your case.”. 

A large number of drug crimes in Tempe AZ are charged as felonies. Depending on the nature of the charges, you could be exposed to harsh penalties. If a large quantity (exceeding statutory Threshold Amounts) of an illegal drug or substance is  found in your possession, you may face mandatory prison sentencing. Defendants accused of possessing large quantities of illegal drugs usually faced with charges of “possession with intent to sell” or “selling illegal drugs”. In either case, your freedom and future are at stake. You should consult an experienced criminal defense attorney to discuss your matter, and options for defense. If retained, a good criminal  defense lawyer, will be able to evaluate your case and find viable defense that can be used to challenge your charges.      

Drug Possession Defenses  

Even in the case of the most serious drug charges, viable defenses can exist. An experienced criminal trial defense attorney will examine the evidence, and facts surrounding your case. Every case holds its own set of circumstances. Your attorney’s defenses strategy will be tailored and presented based on your unique situation. A defense found effective one case, may not be in another and vise verse.

Here are some examples of areas that may be challenged and defenses that may be argued by your criminal defense attorney: 

  • Insufficient or lack of evidence;
  • Police procedures violated during investigation or arrest;
  • Illegal Search and Seizure;
  • No “probable cause for arrest”;
  • Evidence mishandled by police or other law enforcement;
  • Quantity below statutory “Threshold Amount” for that drug;
  • Police Entrapment;
  • Incorrect person charged or arrested;
  • The illegal drugs did not belong to you;;
  • You did not have knowledge that the drugs were in your possession;
  • The drugs were found in a residence where you shared common living space with others;
  • You qualify for a drug diversion program (Arizona TASC) and deferred sentencing due to first time offense; low quantity of illegal drugs for personal use only; no criminal record;
  • “Speedy Trial Rights” violated;
  • Statutory time limits for those charges to be brought expired;
  • Other constitutional rights violations

Tempe Criminal Defense Lawyer for Drug Charges

If you face Tempe drug charges of any kind, you should consult a criminal defense lawyer to discuss your matter, and possible retention. If retained, your attorney will build a defense case; protect your rights; see that you are treated fairly; and make every effort to get you the best resolution in your case. Your chances of getting a good outcome increase significantly when you hire a qualified private practice Tempe criminal defense firm or private criminal attorney.