Many defenses exist to the alleged commission of drug crimes
Louisiana and other jurisdictions throughout the United States recognize a variety of drug crimes based on the types of drugs allegedly possessed by defendants and the purposes for which those defendants possess the drugs. One of the most common drug crimes charged against New Orleans residents is drug possession. Drug possession charges result when a person is allegedly found to have illegal substances in his custody.
Allegations of drug possession and other drug crimes may seem straightforward but many factors can influence whether the arrest of a Louisiana resident on such charges is sound. For example, a person facing drug possession charges may have a legitimate defense based on the illegal search by law enforcement officials and seizure of drugs from his person or property. Under the Fourth Amendment to the United States Constitution, individuals have rights to due process and not all actions undertaken by police officers will meet this important standard.
Additionally, a person facing drug possession charges may have a defense to his alleged crime if a law enforcement crime lab determines that the alleged drugs seized during the person’s arrest are not actually illegal substances. In some cases, a person may be arrested based on the assumption that a substance is illicit only later to be cleared of his charges when it is determined that the substance something else that was legal for him to possess.
Bad searches, laboratory evaluations, and a host of other issues can become defenses for people confronted with drug possession or other drug-related crimes. As every drug case is different, readers of this criminal defense blog are reminded to speak with their own legal counsel to evaluate if these or any other defenses may serve them. Criminal defense attorneys can provide guidance to individuals who are preparing to defend themselves against their own alleged drug crimes.