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What are common defenses against drug possession charges?

West Virginia law is strict when it comes to drug use and abuse. Any person found guilty of manufacturing, delivering a controlled substance, or even possessing such a substance with the intent to manufacture or deliver the product, can face serious consequences. And, the more dangerous a drug is considered by law, the more serious are the penalties that can be meted out.

Clearly, with the stakes being as high as they are, it becomes imperative for any person charged with a drug-related crime to have the benefit of an experienced attorney on their side. This may be particularly true in cases where a person is accused of possessing drugs.

There can be many reasons why a person might have controlled substances in their possession. Perhaps they suffered an injury for which a powerful pain medication was prescribed. Maybe they just picked up such a prescription for a loved one. The bottom line is that regardless of the charges, a strong defense is called for.

Someone who is confronting the criminal justice system for the first time might be inclined to think that they have no chance of fighting the charges against them. But it would be a mistake to jump to such a conclusion. Depending on the circumstances of your case, any number of defense positions might be possible.

For example, the Constitution requires authorities to follow specific due processes before conducting searches of individuals prior to their arrest. Obtaining a warrant is perhaps the one most people are familiar with. If authorities collect evidence in a way that may have violated the guarantees against illegal search and seizure, it may be possible to have the evidence disallowed.

In situations in which more than one suspect is involved, it might be possible to argue that the drugs belonged to one of the other individuals.

Unless prosecutors are able to prove that the substance seized is actually an illegal substance that could be the basis to have the charges thrown out.

The thing to take away from all this is that someone charged with a crime should not assume they have no options available to them.

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Law Office of P. Zachary Stewart
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Weirton, WV 26062

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