Marijuana and Drug Cases
Drug cases are usually prosecuted by a specialized unit within the District Attorney’s office that handles hundreds of drug cases. Against these experienced prosecutors and the police, you need an aggressive legal team with the ability to see all sides of a case and build an aggressive defense.
Here are some important defense strategies commonly used in marijuana and drug cases that may be a turning point in your favor:
Lack of Probable Cause
A close examination of what probable cause, if any, the police claim that was the basis for the arrest or search. If either the detention or stop was unconstitutional, anything found during a search afterwards was illegally obtained and must be suppressed.
An Invalid Search Warrant
A drug case, particularly a marijuana case involving a search of your home or business, may have defects in the search warrant. A search warrant may be invalid for a variety of reasons including: a lack of probable cause; information used to get the warrant was false, incomplete, or misleading; the warrant was obtained primarily on information provided by an anonymous, unreliable informant; during the search, the police exceeded the scope of the search warrant; or the warrant was “stale,” based on old information or not executed promptly after being authorized by a judge.
Lack of Possession
The law with respect of drug possession involves an analysis of whether the possession is actual or constructive. Just being near a controlled substance, even if it’s in open view, is not always enough to prove constructive possession. There can be “unwitting possession,” where you were unaware of the presence of the contraband or “fleeting possession,” where you lack actual dominion and control over the contraband.
Possession of the Marijuana is Legal
A defense applicable to marijuana is that the possession may be legal as authorized by a physician’s recommendation for medical marijuana.