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3 possible defenses to drug charges in Virginia

On Behalf of | Jun 3, 2024 | Drug Crimes

Drug crimes are a serious offense in Virginia, and convictions can have severe consequences for the offender. However, it is possible to mount a strong defense in some circumstances. 

If you or your loved one is facing drug crime charges in Virginia, it’s crucial to seek legal guidance immediately to explore all available options and safeguard your rights throughout the legal process. Possible defenses may include the following.

1. Illegal search and seizure

If the process by which law enforcement obtained the evidence involved an illegal search and seizure, it may be possible to challenge the admissibility of that evidence in court. The Fourth Amendment provides protection from unreasonable searches and seizures by law enforcement. If the search was conducted without a valid warrant or probable cause, any evidence obtained as a result of that search may be inadmissible.

2. Entrapment

In the event the accused can demonstrate that they were coerced or induced by law enforcement to commit the drug-related offense, they may assert the defense of entrapment. Entrapment occurs when law enforcement officers set up or persuade individuals to commit a drug crime they would not have otherwise committed. If it can be shown that the defendant had no predisposition to engage in criminal activity and was persuaded or coerced into committing the offense by law enforcement, the defense of entrapment may be successful.

3. Error of identification

Misidentification of substance is another potential defense strategy that can be used in drug crime charges. This defense involves challenging the accuracy of the testing or analysis conducted by law enforcement to determine the nature of the substance in question. It may be argued that the substance believed to be an illegal drug was actually a legal substance or a different controlled substance than what is alleged by the prosecution.

Legal guidance is essential for crafting a strong defense strategy tailored to your case’s specifics, maximizing your chances of a favorable outcome.

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