Facing drug charges in California can be overwhelming, but understanding potential defenses can make a significant difference in the outcome of your case. A strong drug charge defense can challenge the evidence, highlight procedural errors, or prove that the charges lack merit under California law. From unlawful searches to mistaken identity, there are many strategies that an experienced California attorney can assert to combat drug charges. 

Challenging the Legality of a Search or Seizure

The Fourth Amendment protects you from illegal searches and seizures, and this defense is often key in drug cases. Law enforcement must follow strict procedures when conducting searches, whether it’s your home, vehicle, or personal property.

A search may be deemed illegal if:

  • Police searched without a warrant and without probable cause;
  • A traffic stop leading to the search was not justified; or
  • The search exceeded the scope of consent given by the individual.

Evidence obtained through unlawful searches cannot be used in court. For example, if drugs are found during a traffic stop where the officer had no valid reason to stop you or to search your car, your attorney can file a motion to suppress that evidence. Suppressed evidence often greatly weakens the prosecution’s case and can lead to dropped or reduced charges, making this a powerful drug charge defense.

Understanding your rights during searches ensures the prosecution is held accountable for any procedural violations.

Proving Lack of Possession or Control

To convict you of a drug offense, prosecutors must prove that you had possession and control over the drugs. This means they need to demonstrate that you physically possessed the drugs or had knowledge of their presence and control over them.

For example, if drugs were discovered in a car you were borrowing or a car that you share with others, your attorney may argue that you had no knowledge of their presence. This defense focuses on reasonable doubt, a cornerstone of criminal defense strategies.

Likewise, if you share an apartment with other roommates and drugs were found in a shared space like the kitchen or living room, your attorney can argue that you did not know of their presence and did not have control over them.

Disputing possession can significantly weaken the prosecution’s case and lead to a favorable outcome.

Examining Evidence for Tampering or Contamination

California prosecutors must follow stringent procedures to preserve and test evidence. Any mishandling of evidence can undermine the case against you.

Evidence tampering or contamination may occur if:

  • The chain of custody for the drugs is broken, leading to questions about who handled them and whether they were tampered with;
  • Laboratory errors occurred during testing; or 
  • Improper storage compromised the integrity of the evidence.

For instance, if the drugs were stored improperly and show signs of degradation, your attorney could argue that the evidence is unreliable. By scrutinizing how the drugs were handled and tested, this drug charge defense casts doubt on the validity of the evidence.

Defenses Based on Entrapment or Coercion

Entrapment occurs when law enforcement induces you to commit a crime you would not have otherwise committed. This defense is particularly relevant in cases where undercover officers or informants are involved.

Entrapment may apply if:

  • Police or informants pressured or coerced you into possessing or selling drugs when you have no history of doing so and no inclination towards such activity; or
  • The actions of law enforcement created the criminal activity rather than stopping it.

For example, suppose you have a valid prescription for opioids. Further, suppose that an undercover officer spends weeks or months telling you how much pain they are in, making you feel sorry for them, and begging you to help them out by selling some pills to them. You have no illegal drug history nor inclination to sell drugs, so you initially reject the idea. But, after some time of coercion—you finally give in and offer to help them. Under these or similar circumstances, your attorney can argue entrapment. This defense can result in dismissed charges if the court agrees that law enforcement overstepped its boundaries.

Challenging coercion ensures that you are not unfairly prosecuted for actions instigated by authorities.

Common Defense Strategies for Drug Charges

Here are additional defenses that may apply, depending on the specifics of your case:

  • Medical marijuana use—if charged with marijuana possession, you may defend yourself by presenting a medical marijuana card that is valid under California law;
  • Lack of intent to distribute—small amounts of drugs without packaging materials or scales suggest personal use rather than trafficking or distribution; or
  • Mistaken identity—if you were wrongly identified, your attorney can call the identification into question and cast reasonable doubt as to whether you were the perpetrator.

These defenses can play a pivotal role in reducing or dismissing charges.

It’s vital to work with an attorney who can tailor these strategies to your case and uncover additional defenses specific to your situation.

Are You Looking for an Effective Defense Against Felony Drug Charges?

If you’re facing serious drug charges in California, it’s imperative that you understand what’s at stake and what you can do to avoid a conviction. Drug cases can be tough to defend against. However, our California drug crimes lawyer at Comings Law has extensive experience handling these cases and knows what it takes to secure the outcome you’re looking for. To schedule a free consultation today, give us a call or connect with us through our secure online contact form.