Legal defenses against drug charges aim to challenge the prosecution's case, casting doubt on the evidence or asserting rights violations. Some common defenses include:
Unlawful Search and Seizure: If law enforcement obtained evidence through an illegal search or seizure (violating the Fourth Amendment rights), the evidence may be deemed inadmissible in court.
Lack of Probable Cause: If the police lacked reasonable suspicion or probable cause to conduct a search or make an arrest, the evidence obtained may not hold up in court.
Violation of Miranda Rights: Failure to inform the defendant of their Miranda rights (right to remain silent, right to an attorney) during the arrest and interrogation could lead to the exclusion of statements made by the defendant.
Substance Misidentification: Challenging the accuracy of drug testing methods or asserting that the substance in question wasn't an illegal drug can undermine the prosecution's case.
Entrapment: If law enforcement induced someone to commit a drug-related crime that they wouldn’t have otherwise committed, it could be considered entrapment and be a viable defense.
Lack of Knowledge or Intent: If the accused didn’t know about the presence of drugs or had no intention to possess or distribute them, it can serve as a defense in some cases.
Medical Necessity: In cases involving medical marijuana or prescription drugs, demonstrating that the defendant's use was for medical necessity under state law might serve as a defense.
Chain of Custody Issues: Challenging the integrity of the evidence by questioning the chain of custody, showing that the evidence might have been tampered with or contaminated, can raise doubts about its reliability.
The courts are notoriously harsh regarding drug crime convictions, and you cannot afford to go in with a weak defense strategy. Your best hope for a successful outcome is securing experienced legal representation from lawyers who are well-versed in how these cases are tried in Michigan.