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How can my child defend themselves against drug possession?

On Behalf of | Apr 2, 2020 | Criminal Defense

If you have grown children, you will know that as much as you would like to protect them, they have their own free will and they make mistakes. Young adults who are attending college or have recently moved out of the family home frequently experiment with new things, and in doing so they may become involved in illegal drugs.

If your child has been accused of possessing illegal drugs in Kentucky, it’s completely understandable if you are concerned. You will naturally want to do everything you can to help your child defend themselves from this accusation so that they can get their life back on track and avoid harsh consequences. The following are some of the most common ways in which those accused of drug possession can defend themselves.

Claiming that they were subject to an unlawful search and seizure

All people have Fourth Amendment rights. This means that they must be subject to a lawful search and seizure. In other words, law enforcement officials cannot break into a vehicle to search for drugs. If this occurred, any evidence found can be dismissed.

Showing that it’s not what it looks like

Just because your child was found with white powder in their possession does not mean that they had an illegal drug such as cocaine. The substance must first go through crime lab analysis, and it may not be what it looks like.

Claiming that the drugs belong to someone else

If drugs were found in a vehicle, bag or in an apartment, they may not necessarily have belonged to your child. Your child may be able to show that they belonged to another person and that they were not aware of their existence on their property.

Arguing that the drugs were planted

Similarly, they may be able to show that the drugs were intentionally planted by another and that they had been framed. For example, if a police raid occurs at a house party, a person may have slipped drugs into their pocket to avoid getting into trouble themselves.

You and your child must take drug possession allegations seriously. Being charged with drug crimes could lead to serious consequences that could affect you child’s future.