Blogs from June, 2022

If you’ve been accused of drug possession, don’t panic. It’s easy to assume that there is no escape from this accusation. The authorities would have you believe that they found you with an illicit substance, and there’s no way you can win your case.

This simply isn’t true. Drug possession isn’t a cut-and-dry accusation. It’s often based on assumption. Remember, guilty verdicts are based on a lack of “reasonable doubt.” Your attorney can poke holes in the prosecution’s assumptions, thus creating that doubt in your case.

If you’ve been accused of drug possession, here are some helpful, effective defenses you can use in court.

1. Unwitting Possession

Intent is a large part of any effective criminal prosecution. Your accused must prove that you had drugs on you, and you were aware of what you were doing.

Perhaps you were carrying a narcotic, and you were completely unaware that you were doing so. Maybe you borrowed someone else’s jacket or car. The cops searched your pockets or glove box, and they found drugs you didn’t know where there.

If you didn’t know that you had drugs in your possession, you can plead “unwitting possession,” meaning the drugs were not yours, and you shouldn’t be penalized for carrying them.

2. Lack of Possession

An effective possession accusation must prove that someone had the drugs in the first place. It’s easy for police to assume you are the owner, or possessor, of an illegal item. Imagine you are at someone’s home, and the police come in to raid the place. They find bricks of heroin and assume you work with that person.

In a situation like this, you can argue a lack of possession. This means that, even if drugs were in your direct vicinity, they did not belong to you.

3. Operating Under Duress

It’s no secret that the drug world is full of dangerous people. Often, they intimidate others into doing their work for them, attempting to keep the police off their trail.

Coercion, or operating under duress, is an effective defense against drug possession. If someone threatens you or your family, forcing you to carry out illegal acts, you can explain your situation in court.

4. Accusing the Police of Improper Tactics

There are several mistakes officers can make in an arrest, and many of them can help your defense. For instance, police are often guilty of breaking the “plain view” rule. When officers have a warrant, they are restricted to certain places. If they see any other illegal activity in that area, they can make an arrest. Therefore, when police enter the home of an armed robber and see drugs in “plain view” on the table, they can add possession charges to their case.

The cops cannot, however, go roaming beyond the bounds of their warrant. If they have permission to enter the living room, they shouldn’t wander off to the bathroom. Anything they find in there should not be admissible in court.

Other examples of improper tactics include forcing a confession, illegal surveillance, searching private items such as cellphones without permission, entrapment, and more. Make sure to tell your attorney every detail of your arrest. If they spot evidence of the police doing something illegal, they can use this to help get your case thrown out.

Our firm is ready to help defend you against a drug possession allegation. For a free consultation, fill out our online contact form, or call us at (775) 502-1575.

When you’ve been accused of shoplifting, the outlook can appear bleak. The authorities say they’ve caught you red-handed, so there’s no use in arguing against the charge. Don’t believe them. This is a trick. It’s an attempt to move the case along quickly. They want to secure a guilty verdict and move on.

You can fight any charge in court. This is your right. The prosecution has a responsibility to prove your guilt beyond a reasonable doubt. You can make them work for it by pleading not guilty and challenging your case.

No matter what evidence the authorities believe they have against you, you can always push back against a shoplifting allegation. Here are some effective defenses you can use in court.

There Was No Intent

To build a strong case, prosecutors must show that someone is guilty beyond a simple technicality. They need to show intent. This means that, in a shoplifting charge, the accused purposely stole something. Furthermore, shoplifting implies that the alleged offender did not intend to bring an item back.

It’s easy to get distracted while you’re out shopping. You could be busily checking your list, wrangling in the kids, or simply daydreaming. In your confusion, you may accidentally walk out of the store without paying for an item or two. Before you get the chance to return it, you’re suddenly facing a shoplifting arrest.

If you took something by accident and didn’t get the chance to return it, this is a genuine, credible defense against shoplifting.

The Item Was Not Concealed

Technicalities matter in a criminal accusation. Shoplifting charges assume that you hid an item and walked out of the store with it. If you had the item in the open and left the store, this could, technically, invalidate your shoplifting charge.

A lack of concealment can also work within a lack of intent claim. You could argue that if you brazenly had the item out in the open, you clearly didn’t realize you were stealing it. Maybe you thought you’d already paid for it, or maybe you simply didn’t realize it was in your hand. Essentially, you’re claiming that you’re not foolish enough to openly walk out of the store with stolen goods.

The Police Have the Wrong Person

It’s easy to mistake one person for another, especially in a crowded store. Eyewitnesses are unreliable at the best of times. Any simple obstruction like a shelf or an item jutting into an aisle can confuse onlookers. You can also assume that a witness didn’t see you for long, unless they had been staring at you for quite a while.

Even security footage can be misinterpreted. Cameras are often placed at odd angles, and even with modern technology, the footage can be grainy and indistinct. The person on camera may bear a striking resemblance to you, but that doesn’t mean it’s definitely you.

Remember, your attorney’s main objective is to sow doubt into the prosecution’s argument. If they can make the court questing whether the wrong person was accused, even just a little, you may be able to beat your shoplifting charge.

Our firm is here to help defend you against shoplifting allegations. Call us at (775) 502-1575 today for a free consultation. You can also schedule time with us online.