Seven Legal Defenses of Drug Possession Cases

Wednesday, July 27th, 2016

If you’ve been charged with a drug arrest such as sale or distribution, or possession with intent to sell, the effect of the consequences can be rough. With the charge hanging over your plate, you face a number of penalties such as possible jail time, fines, and license revocation. Desperate times call for desperate measures, but with me on your side, there is no need to be desperate. As an experienced criminal law attorney based in Haddonfield, NJ, I help my clients achieve a better outcome for their drug arrest case.

The ideal outcome we want for the case is to get your charges reduced or dropped so that you can get a second chance at a better life. A few years ago, the state of New Jersey reported that 78% of 47,168 drug-related arrests were accounted for possession. Because of that staggering number, expungements are a popular legal service, as they are conducted on a regular basis. While an expungement is something I can help you with, I can also devise a legal defense strategy focused on getting your charges reduced or dropped – similar to the favorable outcome of a DWI or DUI charge in Gloucester County, NJ.


After a first initial consultation, I assess the facts presented to me and investigate the charge to formulate the best approach. My findings may point to any one of several defenses commonly used in drug arrest cases. Here are several defenses to drug-related charges:

  1. Unlawful Search and Seizure – Drugs that were found after a heavy, organized search without permission of the defendant cannot be entered as evidence because the rights of the Fourth Amendment were violated.
  2. Wrongful Accusation of Possession – In this defense, the claim is that the drugs do not belong to the defendant. Prosecutors will be pressured to prove that the drugs did, in fact, belong to you, which can be difficult.
  3. Seized Substance Isn’t Proven as Illegal Drug – Not all drugs found in possession are actually the real thing. If the drug is not found to be illicit after crime lab analysis testing, the lab must testify at trial.
  4. Seized Drug Evidence is Missing – If the evidence doesn’t exist, prosecutors risk having the case dismissed. It is possible that the evidence may have gone missing between transfers.
  5. Drug Possession Was Set Up – This circumstance is difficult to prove, but if the informant has a large complaint file, those objections may come in handy. Those who made the complaints can be interviewed to use in the defense.
  6. Entrapment – In some cases, it is possible that an officer induced a suspect to commit a crime he or she would not have committed.
  7. The Exception of Medical Marijuana – The defendant should have a doctor’s signed recommendation for the use of medical marijuana. If arrested for possession, the defendant should be able to show convincing and clear evidence of medical necessity.


These are some of the defenses that could be used in your case, depending on the results of my investigation. I am fully devoted to protecting your rights and providing you with the best defense in the court of law. Schedule a meeting with me today by calling 856-753-1893.