If you are arrested on charges of drug possession, your first step should be to seek the help of an experienced attorney, with a background in this area of the law. The laws differ from state to state, and any charges can also depend on the type and amount of drugs, and whether you have any previous drug convictions.
Be as honest as you can with your attorney; providing as much accurate information as possible can help your case, and even if the charges can’t be completely dismissed you stand a better chance of a less severe sentence. A good attorney will be able to identify and take advantage of any loopholes, such as claiming the drugs aren’t yours or are actually a harmless substance that just looks like drugs.
It also helps to understand your rights if you are accused of possession of drugs. You generally have the right to deny your consent for a search, unless there is probable cause. Although the police have the right to search you and your vehicle, take your fingerprints and ask you questions, you don’t need to answer them without an attorney present. And never sign anything without consulting an attorney.
Your attorney will review your case and come up with the best strategy for a defense. Some of the most common reasons for fighting possession charges include procedural mistakes, insufficient evidence in the case, and violations of the search and seize procedure. You may be able to successfully argue that drugs are in your possession for medical use, depending on the laws in your state.
In some cases, your case may simply be dropped due to an overworked system, on the grounds that possession of a small amount of cannabis simply isn’t worth the time and paperwork. You may also be able to get away with participating in a rehabilitation program.