Common Drug Crime Defenses: Some You Know And Some You May Not
There are times when controlled substances and/or drugs crimes are accepted within society these days. Those accepted moments comes when those around the individuals are okay with the use and/or partaking iof the drug question. Moreover, another common time where individuals are allowed to use a controlled substance is when he or she has a valid license or proper authorization to use said drug. These are the most common drug crime defenses within Michigan, especially now because of the Michigan Medical Marihuana Act (aka MMA). The MMMA is an ideal drug crime defense for those found with or using marihuana.
Of course, the individual’s conduct must be in compliance with the his or her license or prescription in order to avoid prosecution. For example, an individual could still be charged with driving under the influence if he or she is over the limit or maxed out on a painkiller or some other drug that he or she has a valid prescription for, yet drug crime defense could still be applicable depending upon the individual’s case.
In order to be convicted of a drug crime an individual must actually possess the substance in question, and thus another drug crime defense becomes apparent. Possessing something can consist of two variation of “possession.” This is known as actual and constructive possession. Constructive possession is the idea that the individual charged has the ability to possess or control the substance. The idea and legal term can even bring about a conviction for an individual who is not the true owner, but still has the ability to possess and does possess it. Remember, if the individual has authority to possess the substance he or she will simply have to prove that fact to avoid prosecution, unless the act is performed outside the limitations set by statute.
Other possible drug crime defenses are substantively and factually based. Meaning, for example, if the police officers involved in a suspected criminal investigation and searched an individual’s car in violation of his or her Constitutional rights then something can be done, i.e. a drug crime defense used. The fruit of that violation will bring about a poison for the prosecutor’s case-in-chief because of what will happen to his evidentiary support involving that particular case. This poison would bring about suppression of any and all evidence obtained after the point of the illegal search of the individual vehicle.
In the end, when controlled substance charges are involved in your case you need to make sure you hire an attorney who understands the importance of how this affects you and who knows those common drug crime defenses that could assist you and your criminal matter. Did you know that drug convictions can and will bring about drivers license sanctions? These types of crimes are when you need someone to lean on. Lean on Josh Jones, he is here for you and always has your back.
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