Thursday 19 March 2015

Learn About Drug Possession Defense Memphis TN

By Lelia Hall


As a result of the ever increasing drug trafficking cases; in addition to efforts that are aimed at controlling drug abuse, possession of drug is a highly charged felony that can sentence one up to 15 months in jail. Therefore, drug possession defense Memphis TN is there to offer expertise by providing attorneys who have experience in solving such cases and have a great chance of winning your freedom and escape from jail term.

Examples of the tactics that are mostly used include; failing to accept the ownership of the substances found and perhaps even argue that they must have been planted, blaming the officers for misuse of power by entrapping you, the idea of being searched without your consent or search warrant, and if its marijuana one can argue that it is meant for medicinal purposes. With these strong defenses, it is only reasonable to trust your lawyer and let them pick the tactic that works best for you.

By claiming that the drugs obtained do not belong to you one stands a chance of winning the case. For this, the lawyer has to pressure the prosecutor and ask them to provide credible evidence that seized substances are yours. For instance, if they were found in a car that has other passengers or an apartment that lives more than one person, it gets hard to prove this especially if your finger prints are not on the package.

This strategy works well for people who have a clean record which makes it easier to dismiss the case; however, those with a criminal record can also claim that the found package was planted. In other words, arguing that the one has some sort of antagonistic relation with the police, and perhaps getting a professional to calculate the retrieval procedure, one can strongly argue that they were set up.

The misuse of power is a strong defensive that always get one to win if implemented the right way as the police force is known for this. Even though they are allowed to used sting operation to trick suspects into breaking the law under their watch an then arresting them, some instance can be categorized as entrapment depending on how the police got the suspect to commit the crime.

As require by the law, one needs consent from the owner of a certain property or a search warrant in order to conduct a search. Otherwise, the officer is only require to put the suspect in custody until they obtain a search warrant if they have reason to believe they are guilty; failure to do so, any evidence collected is regarded invalid and cannot be used in court.

Lastly, one can dismiss the case by proving that they require marijuana for medicinal purposes if its the seized substance. This however can only be proved by affirming that one truly has a condition that requires marijuana for its medicinal value. A test can be scheduled or a note from a doctor which otherwise is considered lawful as most states have legalized this substance but only for medicinal purposes.

Given the severity that comes with these charges, going ahead to court without a defense lawyer who is competent in this field is unwise as one risks getting penalties that will forever affect your life. It is for the same reason that one should check up on the lawyer they are about to hire as they need to have a record that proves their competency; otherwise, one is bound to getting a severe penalty due to a weak defense strategy.




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