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Insufficient Evidence as Defense in Drug-Related Cases

When it comes to drug-related cases, the most common defense aside from illegal search and seizure is insufficiency of evidence. In this crime, the prosecutor can only prove possession of an illegal drug in two ways – actual possession and constructive possession. Read on to know more about how your drug attorney in West Palm Beach can win your case.

How to Win a Drugs Case

Actual Possession

To prove that you are actually in possession of an illegal drug, the prosecutor has to present pieces of evidence that it was found within your control. Hence, if you have cocaine in your pocket or areas within your reach and the prosecutor can offer evidence and testimonies to justify this claim, your drug attorney will surely have a hard time winning your case.

Constructive Possession

In contrast to actual possession, constructive possession entails that the prosecutor furnish evidence to prove the three distinct elements, these are:

  1. Control and dominion over the drug
  2. Knowledge of the existence of the illegal drug
  3. Knowledge of the accused that the substance is an illegal drug

For your drug attorney to win your case, he will have to argue that one of these elements is absent or tainted with abuse. For instance, if cocaine was found in your car during a random vehicle search, the prosecutor won’t be able to build a strong case if your lawyer can prove that you don’t have a clue how the illegal drug was placed inside your car.

Substantial Assistance

Technically, substantial assistance is not a strong defense. However, it is often resorted to by lawyers to evade the mandatory minimum sentencing for drug-related cases. Although substantial assistance cannot acquit you of the crime charged, you can still get a mitigated sentence despite having hard evidence against you.

Looking for a Drug Attorney in West Palm Beach?

Having charged with any drug-related case require that you immediately contact a lawyer since what you say and do in front of the authorities can make or break your case. Contact David Olson Law today so you can be prepared if you’re charged with any crime.

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