What are the defense strategies for drug charges?

Defending against drug charges in Virginia requires the assistance of an experienced defense attorney. In many cases, the primary defense strategy for drug charges is challenging the legality of the arrest or the search that led to the arrest. Under Virginia law, the police must have probable cause to make an arrest. The probable cause must be based on facts or circumstances that would lead a reasonable person to believe that a crime has been committed. If the stop or search was illegal, then any evidence seized may be suppressed and not allowed in court. Additionally, a defense attorney may be able to identify weaknesses in the prosecution’s case. For example, a defense attorney may be able to refute the state’s evidence by questioning the credibility of its witnesses or uncovering errors in the state’s timeline of events. Finally, in some cases, it may be possible to argue entrapment or duress as a defense. Entrapment occurs when an officer induces someone to commit a crime that they would not have committed absent the inducement. Duress occurs when someone commits a crime out of fear of imminent harm. By working with an experienced defense attorney, it may be possible to challenge the evidence in the case and create a strong defense strategy. Through their knowledge and skill, they may be able to help get the charges reduced or even dismissed.

Related FAQs

What are the laws for manufacturing a controlled substance?
What is the difference between a plea bargain and a plea agreement?
What is the penalty for a drug-related felony?
What is entrapment in drug offenses?
What is an inference in a drug case?
What are the rules regarding the admissibility of evidence in a drug case?
How does a court decide whether to grant a motion to suppress evidence?
What is the difference between a drug-related offense and a drug-free offense?
What is the difference between a plea of guilty and a plea of nolo contendere?
What is the difference between a plea of guilty and a guilty plea?

Related Blog Posts

Understanding Drug Crimes and the Law: A Comprehensive Guide - July 31, 2023
Potential Penalties for Drug Crimes: What You Need to Know - August 7, 2023
A Complete Overview of Drug Crime Defenses - August 14, 2023
Explaining the Burden of Proof in Drug Crime Cases - August 21, 2023
How to Determine the Right Drug Crime Lawyer - August 28, 2023