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4 Drug Possession Defenses

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4 Drug Possession Defenses


One of the most common crimes committed in Reno and throughout Nevada is drug possession. A conviction for drug possession can result in serious criminal penalties, no matter the amount a person allegedly has in their possession.

If you or a loved one has been arrested for drug possession, with the help of an experienced criminal defense lawyer, there may be several legal defenses available that may apply to your case and help you avoid conviction. A lawyer can thoroughly review your case and determine which legal defenses can help you obtain the best possible outcome in your case.

Here are the most common defenses to drug possession charges:

  1. You did not know about the drugs in your possession – This type of legal defense is known as “unwitting possession,” which means not being aware of possessing drugs. For example, if you borrow your friend’s car and the police find drugs in the vehicle after pulling you over, then you cannot be held accountable for actual drug possession because you had no idea there were drugs inside the car.

  1. The drugs do not belong to you – This defense is often used when a group several people are involved in alleged drug possession. For instance, if law enforcement officials pull pulls a car over with four people inside, it would prove difficult to accuse just one individual of drug possession.

  1. The drugs are not what they appear to be – A Ziplock bag of flour or spices could be confused as illegal substances. Your attorney can challenge any lab reports confirming the alleged substance is a narcotic by obtaining results from an independent and reputable testing facility.

  1. The police abused their power – Every U.S. citizen is protected by the Fourth Amendment right against unlawful search and seizure. The police must first obtain a warrant or probable cause to make a lawful arrest. Failure to do so means any evidence collected during the investigation is inadmissible in the courtroom. In addition, entrapment is another example of abuse of power by law enforcement officials. Entrapment means inducing someone to purchase or possess drugs when they would not normally do so. Lastly, it is not uncommon for police officers to plant drugs at the scene in order to arrest someone of a drug crime.

If you or a loved one has been charged with drug possession in Reno, contact the Law Offices of Kenneth A. Stover today and request a free initial consultation. Let a former prosecutor with nearly two decades of experience protect your rights and freedom.

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