Like most people, you probably think that you’ll automatically be charged with possession if the police find drugs during a search for your vehicle. Is this true?
Well, the odds are high that you will be arrested for some form of drug possession, but the charges may or may not turn into a reality. And, charges don’t always turn into a conviction.
How different factors can affect your case
If you are arrested for drug possession because the police found drugs during a search of your car, it is crucial to protect your rights. The first thing you should do is to remain calm and avoid saying anything that could incriminate yourself. You have the right to remain silent, and anything you say can be used against you in court.
There are a few defenses against drug possession charges, such as:
- The police did not follow proper procedure when they searched your vehicle; therefore, the evidence may not be admissible in court. This can happen, for example, if they should have obtained a warrant before the search.
- The drugs were not found on your person, and it may be possible you did not know they were there.
- The police did not have probable cause to search your vehicle, so they cannot use any evidence they found cannot against you in court.
Probable cause is a legal standard that must be met before the police can conduct a search without a warrant or your consent. It requires a reasonable belief that a crime has been committed and that the search will yield evidence of that crime.
Having the right legal representation will give you the best chance of avoiding a conviction on drug charges.