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Think carefully about your criminal charge defense strategy

Many criminal convictions carry harsh sentences in Louisiana. If you are facing any criminal charge here, you need to find out what options are available for a defense. This is going to vary based on the charge and the circumstances of the case. You should be informed of all your options to make an informed decision based on your defense goals.

One particular category of crimes that you have to think carefully about is drug charges. These can lead to time in prison. In some cases, there are mandatory minimum sentences that you have consider.

Here are some defense strategies if you are facing charges for drug possession:

The drugs weren't yours

This is a possible defense if your charge is because of drugs that weren't found on your person. When it comes to drug possession, the possession part of the charge means that the drugs are in an area that you have access to and control. This could be in a purse or on a table near where you were sitting in the living room. Claiming that the drugs weren't yours might be possible if there was another person who had access to the same area as you.

The police officer conducted an illegal search and seizure

You have specific rights that are laid out by the United States Constitution. One of these rights is that you can't be subjected to illegal searches. If the criteria for a legal search wasn't present when the officer found the drugs, you might be able to use that information in the defense strategy. Drugs found during the execution of a search warrant and those in plain sight are examples of situations that would meet the criteria stipulated under the Fourth Amendment.

Improper analysis and handling

All evidence must be handled in accordance with strict guidelines. If the protocol wasn't followed when the drugs were collected, analyzed and moved through the chain of custody, this can be brought up in your defense. In some instances, a defense attorney can seek to have the actual drugs from the case produced. If the prosecution can't do this, the case might be thrown out.

Some drug possession charges end with a plea deal. Even if you are considering a plea deal, you should still explore defense options in case the plea agreement doesn't come to fruition.

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Magee, Zeringue & Richardson, Attorneys at Law
207 E Gibson St
Covington, LA 70433

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