If you’re accused of possessing drugs, it’s important that you immediately take steps to defend yourself. Your reputation is on the line, and a conviction can stay with you for many years and possibly indefinitely. Federal and state laws vary on drug possession charges and penalties, but it’s agreed that it’s illegal to possess controlled substances without prescriptions; in the case of drugs that are banned, it’s illegal to have them for any reason.
Some of the drugs that are banned include LSD, cocaine, heroin and methamphetamine. While marijuana is also illegal in most states, it may sometimes be used with a medical card or recreationally depending on the state.
If you’re accused of possessing drugs, that may not be the biggest concern of your case. When you possess drugs, it’s possible for the authorities to make it seem like you wanted to sell them or share them with others. If you have a drug such as methamphetamine, you could be accused of making the drug to distribute it to others. These crimes have higher penalties than a possession charge.
To prove the possession of drugs, the prosecution needs to show beyond a reasonable doubt that you knew the drug was a controlled substance, that you knew you had it in your possession and that you had control over the drug. If you’re in a vehicle where they’re found, you and all other people in the vehicle could be charged for the possession of drugs, even if they aren’t yours or in your own vehicle. However, if you can show you didn’t know they were there, you may be able to have the charges against you dropped or reduced. Our website has more information on how to get in control of your case.