DC Cocaine Possession Defenses

Whether on the grounds of constitutional issues or reasonable doubt, if you were accused of cocaine possession, there may be defenses available. An attorney can help analyze the facts of your case to discover DC cocaine possession defenses that may be able to help secure a better outcome in your case.

A dedicated cocaine possession lawyer could then raise those defenses on your behalf to protect your rights and freedom. With the help of a knowledgable attorney, you may be able to highlight flaws in the prosecution’s case that could lead to a more positive resolution.

Constitutional Issues in Cocaine Possession Cases

Police searches tend to be the most frequent constitutional issue in cocaine possession cases. Often, cocaine possession charges result from stops conducted by the Metropolitan Police Department. When this happens, the person who is stopped has certain fundamental rights that are important to know about. There is nothing an individual can do to stop the police from searching them or searching their car. However, they do have a right to know whether they are being detained. If an individual is not being detained, they are free to walk away from the interaction and say nothing further. If the police say a person is being detained, they are not free to leave that interaction. However, in that situation, the individual being detained has a constitutional right to decline to consent to any searches and to decline to answer any questions without a lawyer present. They may end up being searched later, but as long as they assert their right to not be searched and to not answer questions, any police investigation performed after that point can be challenged by defense attorney later.

Further, if the police search a person or their vehicle without probable cause, or they do not have a well-established legal ability to conduct such a search, they may have violated the individual’s constitutional rights. A dedicated attorney can answer questions about a person’s constitutional rights in a traffic stop.

Defenses for DC Offenses

When representing someone charged with possession of cocaine, the defense lawyer considers a number of factors to identify the best way to defend against those charges and obtain the most favorable result. When someone is charged with cocaine possession, the first thing their lawyer asks is whether they were previously arrested and what their criminal history looks like. When this is someone’s first arrest, their lawyer may be able to secure a diversion agreement through negotiations with the prosecutor that could result in their charges being completely dismissed. If the person has a lengthier criminal history and exhibits evidence of suffering from cocaine addiction, their lawyer may be able to negotiate with prosecutors for a drug court option that could also result in a person’s charges being dismissed in exchange for a treatment program and regular drug testing.

The lawyer may also investigate the evidence prosecutors have that shows the accused was the one in possession of the cocaine. For example, when someone was driving a car that was searched resulting in finding cocaine in the car, the lawyer may question whether someone else in the car was in possession of the cocaine. They might be able to cast doubt on whether the police officers and the prosecutors can prove beyond a reasonable doubt that the cocaine belonged to the accused rather than another person in the vehicle.

Learn More About DC Cocaine Possession Defenses

If you are accused of cocaine possession, a dedicated attorney can help. They can thoroughly investigate the circumstances surrounding your arrest to determine potential defenses. To discuss DC cocaine possession defenses, call today for a free consultation.