How to Defend Against Drug Possession Charges: A Step-by-Step Guide

Drug possession charges are a serious charge to be dealing with. The severity can be impacted by the class of drugs, the quantity, and other factors that contribute to the situation. But how can it be defended? 

Today, we will share information regarding how to defend against drug possession charges: A step-by-step guide. 

JD Solicitors are a fully (SRA) regulated law firm with a team of highly qualified and specialist solicitors. Our solicitors recognise that being investigated or charged with a serious criminal offence is a daunting prospect.

Our specialist advice and reassurance, from the first phone call through to the conclusion of the case, is the bare minimum of what we offer when it comes to our clients.

How much drugs counts as possession?

Any amount of drugs can be attributed to a possession charge. That said, drug possession laws can be complex and vary by jurisdiction. In the UK, the Misuse of Drugs Act 1971 prohibits the possession of controlled substances. The amount of a drug possessed can be a factor in determining the appropriate charge and sentence.   

In some cases, even a small amount of a drug may be sufficient for a possession charge, while in other cases, a larger amount may be required. The specific amount that constitutes possession can vary depending on the type of drug and the circumstances of the case.   

Other countries and legal systems may have different policies and thresholds. Some regions may have specific legal guidelines that permit the possession of certain amounts of specific drugs. 

These are often related to cannabis and are intended to reflect the substance’s lower potential for harm or to reduce the burden on the judicial system. However, it’s important to note that even in these jurisdictions, possession over the specified limit may still result in criminal charges.   

Therefore, it’s crucial to consult with a legal professional or refer to the specific laws in your jurisdiction to determine the exact amounts that constitute possession for different types of drugs.

How to defend against drug possession charges

Firstly, if you are accused of such a crime, it is absolutely paramount to contact a qualified solicitor. Once this is established, they will likely follow the steps below:

Initial Consultation and Case Assessment

The first step is always the initial consultation. The solicitor would meet with the client, listen to their account of the events leading to the arrest, and gather all available information. This includes details of the arrest itself: where it happened, the circumstances, what the police said, and whether a search warrant was used. 

Crucially, the solicitor would ascertain whether the client was cautioned correctly (informed of their right to silence and legal representation).

The solicitor would meticulously document everything. Did the police find the drugs on the client’s person, in their car, or at their home? Where exactly were they found? This is crucial for determining possession.

The solicitor would also discuss legal aid and funding options to ensure the client can afford representation.

Challenging the Legality of the Search and Seizure

A key defence often revolves around the legality of the police’s actions. If the search or seizure was unlawful, any evidence obtained as a result (the drugs themselves) could be inadmissible in court.

The police must have “reasonable grounds” to suspect someone of possessing drugs before conducting a search. The solicitor would scrutinise the basis for the suspicion. Was it based on reliable intelligence, or was it arbitrary?

If a search warrant was used, the solicitor would examine its validity. Was it issued by a proper authority? Did it specify the location to be searched with sufficient detail? Was the search conducted within the scope of the warrant?

The Police and Criminal Evidence Act 1984 (PACE) and its associated Codes of Practice govern police powers and procedures. The solicitor would meticulously check whether the police adhered to these codes during the search, arrest, and detention. 

Any breaches, such as failing to provide a copy of the search warrant or failing to properly caution the suspect, could provide grounds for challenging the evidence.

Establishing Possession

Even if the search was lawful, the prosecution must prove “possession” beyond reasonable doubt. This isn’t always straightforward. Establishing possession can be ascertained via the following:

  • Actual Possession: This means the drugs were found directly on the client’s person (e.g., in their pockets). This is the most straightforward form of possession.
  • Constructive Possession: This means the drugs were found in a place where the client had control over them (e.g., in their car or home). The prosecution must prove the client knew about the drugs and intended to control them.
  • Knowledge and Control: The prosecution must prove the client knew about the presence of the drugs and had control over them. If someone else planted the drugs without the client’s knowledge, or if the client was merely present where drugs were found but had no control over them, they cannot be convicted of possession.

Challenging the Substance Itself

In some cases, the defence can challenge the prosecution’s evidence regarding the substance itself.

The solicitor would examine the “chain of custody” of the drugs. This refers to the documented record of who handled the drugs from the moment they were seized to the moment they are presented in court. Any gaps or inconsistencies in the chain of custody could raise doubts about the integrity of the evidence.

The defence may instruct an independent forensic expert to re-test the substance to verify its identity and quantity. This can be crucial if there are doubts about the accuracy of the prosecution’s analysis.

Plea Bargaining and Mitigation

If the evidence against the client is strong, the solicitor may explore plea bargaining with the prosecution. This involves negotiating a lesser charge or a more lenient sentence in exchange for a guilty plea.

Even with a guilty plea, the solicitor would present mitigating circumstances to the court to try to minimise the sentence. This could include factors such as the client’s lack of prior convictions, their personal circumstances, or evidence of genuine remorse.

Trial and Advocacy

If a plea bargain cannot be reached, the case will proceed to trial. The solicitor’s role at trial is to vigorously defend the client by:

  • Cross-examining Prosecution Witnesses: Challenging the credibility and reliability of police officers and other witnesses.
  • Presenting defence Evidence: Calling witnesses and presenting evidence to support the client’s version of events.
  • Making Legal Arguments: Arguing points of law to the judge and presenting persuasive arguments to the jury.

Solicitors for drug possession charges

If you are facing criminal charges, JD Solicitors Can Help. JD Solicitors is a respected criminal defence firm known for our successful track record. Our team of experienced solicitors has extensive experience defending clients against a wide range of criminal accusations.

We represent clients throughout England and Wales, and we’re committed to achieving the best possible outcome for your case.

We understand the urgency of seeking legal advice in criminal matters. That’s why we offer a 24-hour call-out service for those detained in police custody. This ensures we can address your needs immediately.

In this blog, we hope to have provided helpful information regarding how to defend against drug possession charges: A step-by-step guide. 

For immediate advice, call us at 01902 943726.

Willenhall HQ:

J D Solicitors, Malthouse Chambers,

30 Walsall St, 

Willenhall, 

WV13 2ER

Birmingham Office:

J D Solicitors, Room 16, Apex House, 

Calthorpe Road, 

Birmingham 

B15 1TR

Stourbridge Office:

J D Solicitors, 

Union Street,

 Stourbridge,

 DY8 1PR

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For immediate advice, call us at 01902 943726.

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