Sure, states across the country are decriminalizing marijuana, but make no mistake. The war on drugs continues in full force. If you’ve been swept up in the state’s efforts to crack down on the narcotics trade, then you’re facing the potential of very strong penalties. That might leave you fearful of the future, but take comfort in the fact that there are probably criminal defense options available to you.
To know your criminal defense options, though, you need to understand the elements of the law that prosecutors must prove in order to obtain a conviction. Take, for instance, a charge for possession with intent to deliver. The toughest part of a prosecutor’s job is going to be proving intent. It requires the prosecutor to assess the mental state of the accused, which is difficult to do. This can leave the door open to legal argument. If you can show that you didn’t intend to distribute the drugs you possessed, then you’ll avoid the more serious penalties associated with a possession with intent to distribute conviction.
Of course, merely possessing a narcotic is still a crime. Yet, there might be defense options here, too. Sometimes it’s hard for prosecutors to pin down who, exactly, possessed a narcotic in question, like when drugs are found in a vehicle with four individuals and everyone denies ownership. Also, as we have discussed previously on this blog, you might be able to point out illegal actions taken by the police that lead to an illegal search and seizure. If this happened, then you might be able to suppress the most damaging evidence being levied against you.
Going toe-to-toe with prosecutors can be intimidating. But you don’t have to be afraid. Instead, you can seek out help from an experienced attorney who knows the ropes in this area of the law. Armed with knowledge, a command of the law, and the fearlessness needed to stand up to overly zealous prosecutors, one of these attorneys might be able to help you negotiate a lesser charge or fight at trial to secure the acquittal you deserve.