Aggressive Criminal

Can you defend your drug charge by claiming the drugs belong to someone else?

On Behalf of | Drug crimes |

Being charged with a drug crime can be devastating, as you may face severe penalties. However, you don’t need to plead guilty to the charge – you can defend it with numerous strategies, including claiming the drugs belong to someone else. 

Here is what you should know about this defense:

It depends on reasonable doubt

If you can prove there is reasonable doubt that you knew about the drugs, you can defend yourself by claiming they belong to someone else. Thus, others should have had access to the location in question. 

For example, if the police find drugs in your car, and you have a passenger(s), you can argue you were unaware of their existence. But this can be challenging if the passenger was using the drugs before or at the time of the arrest. 

Is it a strong defense?

Claiming drugs belong to someone else can be a strong defense. However, it may not protect you as intended because the police don’t need to find drugs on you to charge you with a crime. This is called constructive possession.  

Therefore, if the police find drugs in a place that’s under your exclusive control, which means others don’t have access to it, or in a place others have access to it, but you knowingly exercise dominion and control over the drugs, you can be charged with constructive possession.

If you can establish reasonable doubt to constructive possession, this defense option can protect you significantly.  

If you are facing a drug charge, you mount a defense by proving there is a reasonable doubt that you knew about the drugs. It will help to get legal guidance to build a strong case.