What are the defense strategies for drug charges?

In North Carolina, one of the primary defense strategies for drug charges is to challenge the legality of the search and seizure of the drug evidence. For example, if the police did not have probable cause or a warrant to search the accused’s person or property, then the drug evidence may be suppressed. Another defense strategy is to challenge the qualifications of experts. Where drug evidence is concerned, it is often necessary for the prosecution to find expert witnesses to testify as to the nature of the substances seized. The defense can challenge the qualifications of the experts, raising doubts about their credibility. Additionally, the defense can argue that the defendant was entrapped by the police. Entrapment occurs when law enforcement induces a person to commit a crime that they would not have otherwise committed. Finally, the defense may argue that there was a lack of possession or control of the drug evidence. If the accused did not have actual knowledge that the drugs were in their possession, nor had the ability to control them, then the drug charge may be lessened or dismissed.

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