![]() ![]() Your protection from searches without probable cause is provided by the Fourth Amendment of the U.S. If police didn’t have “probable cause” to search your home, your car or your person for drugs, then that was an illegal search, and the evidence would be disregarded. These include proving that you didn’t know the drugs were present that you didn’t know the drugs were illegal (perhaps they were doctor-prescribed) or that police lacked the legal right to search you or your property. Your defense lawyer can also fight to prove several other things in your defense. Establishing that another person or other people had access to the place where drugs were found is one way to refute this. Prosecutors have the burden of proving that the drugs found or seized by police did in fact belong to you. ![]() That way, it could be suggested - if not established - that someone else owned the drugs. To start, your defense lawyer can work to establish that you weren’t the only person with access to the home, vehicle or other place where illicit drugs were found. Your attorney can find evidence to build a case that the drugs did, in fact, belong to someone else. ![]() Keep in mind that even if you’re arrested and charged with drug possession, you may be able to get the charge dismissed at a later time with help from a skilled drug possession defense lawyer. Otherwise, you may say things which could be used against you at a later time during your defense. Indeed, it’s best not to answer any police questions until you get an attorney to represent you. At the same time, avoid offering any information other than your identity. If this happens to you, it’s important to not resist arrest but instead be polite and respectful. Unless he or she can prove on the spot that someone else had access to the area and may be owner of the drugs, they will likely be arrested. Often, when police find drugs in a home or vehicle, the owner or occupant is the primary suspect. But just because many such denials are false doesn’t mean that they are all lies. You should understand that this phrase is something police hear often. ![]()
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