Drug possession charges are very serious and carry hefty punishments. You could end up spending considerable time in jail and paying heavy fines depending on the amount and type of drugs. Even for a misdemeanor, any criminal conviction can negatively affect your life years down the line.
Therefore, you need to prepare yourself with a solid defense plan. Here are some strategies you could explore.
The police broke the law in searching for the drugs
You are constitutionally protected against an unlawful search and seizure. If the police did not have a warrant or probable cause to bust into your house, they might have broken the law if they did so and found the drugs. It means that the evidence was acquired illegally and could be inadmissible in court.
There were errors in the chain of custody
There is a way the police are supposed to handle evidence to ensure it is reliable and verifiable. There should be a clear and documented process that ensures no outside party has access to the drugs at any stage, stretching from when it was obtained.
For instance, if the police fail to book or misplace evidence against you, it is a flaw in the chain of custody you can exploit.
You could claim that you were a victim of police entrapment whereby law enforcement officers used undue tactics and influence, which led you to break the law. You will need to show that you would not have committed the crime without their persistence or persuasion.
Alternatively, you could claim the drugs belonged to someone else. As much as you may be clutching at straws with this defense, it is possible to disprove ownership or awareness of the drugs in question.
What you need to know
It is up to the prosecution to build a case and establish your guilt. Until such a time, you remain innocent. If you are facing criminal charges in Georgia, be sure to explore your legal options.