Any person who has been accused of a crime should present the best defense that they possibly can in order to avoid the harsh penalties that come with a conviction. These can include fines, community service and imprisonment. The defense for a drug crime is generally developed with an attorney and is based on the facts of the case.
The prosecution has the burden of proof in a criminal case. The prosecutor will look at the facts of the case and come up with a story or narrative about how they believe the events really happened. The defense may be able to come up with a very different narrative based on the same facts. For example, in a drug case where the defendant was riding in someone else’s vehicle, the prosecutor will look for facts to show that the defendant knew the illegal substance was present while the defense will look for facts to dispute that.
Even when it is not possible to win a dismissal or an acquittal, it may be possible to mitigate facts of the case. Factors in a drug crime defense that may help a defendant get a lesser sentence include having no prior criminal history, being a less culpable defendant where multiple individuals were charged and cooperating with investigators.
A criminal defense lawyer may be able to help a person charged with a crime develop a good strategy for their drug crime defense. In some cases, a defense attorney may be able to get key evidence suppressed by demonstrating that police conduct during a search or interrogation was unlawful. This might result in a dismissal of the case. A defense attorney may be able to attack other elements of the charge like whether the defendant truly was in possession of the substance or whether the substance actually is what the state alleges it to be.