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Frederick J. Brynn, P.C.

Criminal Defense Attorney

If you’ve ever been arrested on a drug charge, there are a lot of reasons why you may need a lawyer. Laws vary from state to state and you need to make sure you understand how to fight the drug possession charges. Having a good lawyer on your side will help you determine the best defense for your case. Here are three reasons why you need a lawyer if you’ve been arrested on a drug possession charge.

  1. To ensure the drugs were obtained legally.

Just because you were found to be in possession of a controlled substance does not mean that it was obtained legally. Unlawful search and seizure is one of the top ways a drug possession charged can be dropped or reduced. It is your lawyer’s job to make sure that the police officer who arrested you on the drug charge, followed all the proper procedures. This means, for instance, if you were pulled over for speeding, but when the police officer came to your window, you had a bag of marijuana sitting in the open on the front seat. Because the officer had a legal reason to pull you over and the drugs were in plain sight, the drugs were legally obtained.

However, if you were pulled over for speeding and the police officer forced you to open your trunk and found the drugs then this is unlawful search and seizure. There was no legal reason for him to open the trunk if it was a routine traffic stop.  A good lawyer will know the difference and be able to make a case to prove that the drugs were illegally obtained.

  1. Proving the drugs in question weren’t yours

It’s the prosecution’s job to prove that you are the owner of the controlled substances in question. If you were in the wrong place at the wrong time, then it’s your defense attorney’s job to prove that.

For example, let’s take the car scenario from above. If you are stopped at a routine traffic stop and the police officer spots marijuana in the passenger side door, he could arrest you for possession of a controlled substance. But what if it wasn’t your car? You were just borrowing your friend’s car to pick up pizza and had no idea there were drugs in the car. A good defense attorney can help you get out of the situation. One of the stipulations of a drug possession charge is knowing that you were in possession of a controlled substance. You should not be blamed for a mistake your friend made just because you were borrowing their car.

  1. To make sense of the legal process

Drug possession may sound like it’s a black and white charge, but there are actually a lot of gray areas. A good defense attorney can help you navigate the legal system. Drug possession laws vary from state to state – and the penalties differ as well. In one state you could be facing just a small fine while in others you could be facing major prison time depending upon how much of the drug you were in possession of and what your intentions were. If you or a loved one was charged with drug possession, reach out to a drug lawyer San Francisco, CA offers today.


Thank you to our friends and contributors at Morales Law Firm for their insight into drug possession and reasons to hire a criminal defense lawyer.

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