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4 Common Defenses to Drug Possession

Drug possession charges in Colorado can lead to jail or prison time, fines, and a criminal record. However, the prosecution must prove – beyond a reasonable doubt – that you were in possession of drugs.

With the help of an experienced criminal defense attorney, you may be able to raise a reasonable doubt and avoid conviction. David Owen will thoroughly evaluate your case and determine which defense strategies may apply to your case.

The following are the most common defenses to drug possession:

  1. The drugs were not yours – You can claim that you did not commit any crime because the drugs belong to someone else. For example, if you and a few other friends are in a vehicle that has been pulled over by the police and an officer discovers drugs in the vehicle, they must still prove that the drugs belong to you and not to the other people in the car.
  1. Unlawful search and seizure – According to your Fourth Amendment rights, law enforcement officials must first obtain a warrant or have probable cause that a crime is being committed, has been committed, or is going to be committed. If an officer searches your property or vehicle without a warrant or establishing probable cause, then the evidence gathered at the scene – including the suspected narcotics – cannot be used at trial, which can ultimately lead to your case being dismissed.
  1. The substance in question is not an illegal drug – Although a Ziplock bag full of a white substance may look like cocaine, it could actually be baking powder. The prosecutor must prove that the substance seized by law enforcement is an illicit narcotic. The harmlessness of the substance can be proven through a lab test and the results can be used to dismiss your case.
  1. Entrapment – Also sting operations are often used in drug crime investigations. If an officer or informant attempts to induce someone to commit a crime the person would otherwise not have committed otherwise, then this is considered entrapment. When it comes to drug possession, entrapment mainly involves law enforcement officials providing the drugs in question to someone.

If you or a loved one has been arrested in Denver for a drug crime, contact the Law Offices of David L. Owen, Jr., P.C. today at (303) 622-3281 and request a free consultation. Let our firm help you get the best possible outcome in your case!

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