Defenses to Drug Charges in Tennessee

 Posted on April 21,2022 in Drug Crimes

Whether you have been charged with possession of drugs for personal use or the intent to sell, a skilled criminal law attorney can determine what defense strategy may work for your situation. Although every case has a different set of circumstances, there are some common defenses that an attorney can use to defend their client against these charges, such as procedural errors or challenging evidence the prosecution wants to introduce to the court. The following are some of the most common defenses.

The Drugs Belong to Another Person

A common defense is that the drugs were not yours or that you had no idea they were in the car or house. Your attorney may be able to introduce evidence to cast reasonable doubt to the jury that the drugs were actually yours.

Crime Lab Analysis

Although a drug might look like meth, does not mean that it is meth. The prosecutor must be able to show that a seized substance is the drug it claims to be by sending it to a crime lab and having it tested. The analyst must then appear at the trial to testify and present their findings. Depending on the circumstances, your attorney may be able to challenge those findings. One example would be evidence that there was an issue in the chain of custody, causing contamination.

Missing Drugs

Your lawyer may request the court require the prosecutors produce the actual drug during the hearing or trial. If they lose the evidence, the judge may drop the case. Losing drugs can be easier than you may think because they often get transferred to different departments before being placed in the evidence locker.

Drugs Were Planted

The sworn testimony of a police officer holds a great deal of weight in a courtroom. However, if there is reason to believe the officer is lying or your lawyer suspects there is a past history of planting evidence, a motion can be filed requesting the court required the police department to release any record of complaints against the officer.

Fourth Amendment Rights

The Fourth Amendment guarantees the right to due process. This includes restrictions on search and seizures that occurred before an arrest. Any drug that is found in plain view, such as on the seat of a car after a traffic stop, can be legally seized and used as evidence. However, drugs found in a trunk that was opened without the owner’s permission or with a warrant cannot be considered evidence. If the court determines that there was any breach in the defendant’s Fourth Amendment right, the charges may be dismissed.

Contact a Knoxville Defense Attorney

If you are facing drug charges, you need an aggressive Knox County drug offense lawyer defending you. Call Jeffrey Coller, Knoxville Criminal Defense Attorney today at 865-281-1000 to schedule a free consultation and find out how our dedicated legal team can help.

Source:

http://www.lcle.la.gov/sentencing_commission/Resources/I%20D%20TN%20Drug%20Statutes.pdf