Controlled substances are drugs regulated by federal, state and local governments. Creation, control or distribution of drugs may be illicit depending on the amount and type, as well as the defendant’s intent. There are three drug crime types: manufacturing, possession and distribution. Read on to learn about drug crimes and possible defenses.
Unwitting Possession: What Is It?
Unwitting possession occurs when a person unknowingly possesses drugs. A classic example is a mailman who delivers a package of drugs; they cannot be found guilty if they didn’t know the package contained illicit drugs. Some states allow the unknowing possession defense, and some do not. The burden of proof typically lies with the defendant.
The Constitution bars police from searching a home without a warrant, and they cannot search an automobile in the absence of probable cause. To ensure compliance, courts can suppress illegally obtained evidence. If evidence is kept from the jury by drug possession attorneys in Angola Indiana, the defendant cannot be convicted of a drug crime.
Abuse of Power
Abuse of police power includes multiple illegal methods police use to prove cases. The most frequent abuses are planting of evidence, unauthorized surveillance and intimidation of suspects or witnesses. However, clients should know that police are permitted to lie in using undercover agents or promising leniency.
This defense depends on the jurisdiction, because not all states allow the possession of medical marijuana. If a defendant appears before a court in an area without medical marijuana laws, the defense cannot be used. Restrictions are as follows:
- The defense is affirmative; police make arrests first and questions are asked later.
- There’s a limit to the amount a person can possess.
- The defense applies only to possession and not distribution.
- Most areas require patients to register with a state program or have a valid doctor’s note.
Does a Defendant Need a Lawyer?
If a person is accused of committing a drug offense, they should consult drug possession attorneys in Angola, Indiana with yoderandkraus.com right away. A local attorney can protect a client’s rights from abuses by police, and they can provide an adequate defense.