If you recently obtained marijuana possession charges at a traffic stop, you are most likely going to fight them in an attempt to reduce fines and any jail time. Having a solid defense plan is necessary when fighting a drug possession charge in a state where legalization has not yet become effective. Here are some defensive tactics you can use to help your chances in reducing sentencing or charges due to having drugs in your vehicle.
Be Proactive In Proving You Were Unjustly Pulled Over
If your vehicle was stopped without a probable cause, this will most likely be brought up by your attorney during your court case. Being pulled over without committing a crime will look unfavorable to the police force, often leading to reduced or dropped charges. If you did not receive a ticket for speeding, driving erratically or another motorist offense in addition to drug charges, you may be able to prove that you were pulled over and searched without a valid reason for the police to do so.
Show The Search Was Done Without Your Consent
If the police did not provide a warrant to search your vehicle at the time of the stop, and you did not verbally agree to allow them to go inside the vehicle at all, you may be able to use this to your advantage. Some people feel they were coerced into allowing authorities to look inside their vehicle because they feel they will be arrested if they do not. If the arresting police officer implied that you had not choice in the matter, the evidence may be inadmissible in court if you can prove there was a search and seizure without your consent.
A warrant is needed to do a search if you disagree to allowing it at the time of the stop. You may still be arrested and a warrant would be issued at that time if there is suspicion of drug possession. If you were threatened in any way or if the search was done without your consent, the charges are likely to be dropped.
Prove You Were Not Knowledgeable Of The Drug Presence
In some states, possession charges will still apply if you were not the person who placed the marijuana in the vehicle. If you are able to prove you did not have constructive possession of the drugs, you may be able to reduce charges against you. This however will require that the person who the drugs belong to, come clean and own up to their part in the scenario. Contact a marijuana defense attorney for help.