Defenses To Michigan Drug Crimes
Being charged with a drug crime is a serious matter. Depending on the charge, you may end up doing years behind bars if you are convicted. You must remember that simply being charged with a crime is different from being convicted of one. In fact, the law says that up until a judge or jury finds you guilty, you are presumed to be innocent of all charges. Still, if you have been charged with a drug crime, then there are several possible defenses that could result in the charges against you being thrown out. Here are a few examples of possible drug crime defenses.
The law says that the police can only search your car, home, or person under certain circumstances. Generally, the police can conduct a search if they have a warrant or probable cause. Many drug crimes begin with the police pulling you over in your car. If they had a valid reason to pull you over, then they would still need probable cause to search your car. An example of probable cause would be the smell of illegal drugs, illegal drugs in plain view of the officer, or the presence of drugs detected by a drug-sniffing dog. If the police cannot show that they had probable cause to search, then any evidence they gathered from that search cannot be used to convict you at your trial.
The Drugs Did Not Belong To You
To be convicted of drug possession in Michigan, it must be proven that you knowingly possessed them. In other words, the prosecutor must prove that you either knew or should’ve known that you possessed illegal drugs. Just because illegal drugs are found in your car or home does not mean that they belong to you. If you were giving a ride to a friend or had guests in your home who brought drugs with them, then you may be able to show that the drugs did not belong to you and that you did not know they were there.
The Police Planted The Drugs
We would like to believe that all police are honest and ethical. The unfortunate reality is that this is simply not the case. Over the years, police have been caught red-handed lying, stealing, and planting evidence. If it can be shown that the police planted the drugs that you are being charged with, not only should your charges be dismissed, but you may also be able to file a lawsuit against those officers.
What You Possessed Was Not An Illegal Drug
In Michigan, you can only be found guilty of a drug possession charge if what you possessed was, in fact, an illegal substance. This can be determined by simply testing the substance to see if it is illegal. If it turns out that the substance was baby powder and not cocaine, then you cannot be found guilty of possession.
Michigan Criminal Defense Attorney
If you have been charged with a drug crime in Michigan, you will want to have an experienced criminal defense lawyer in your corner right away. Law Offices of Ravi R. Gurumurthy, PLC is a dedicated criminal defense firm with experience defending those who are accused of drug crimes in Michigan. We’ll work hard to help ensure that your case gets resolved in the best manner possible. To learn more about how we can help you, contact Ravi R. Gurumurthy, PLC, by calling (231) 577-1580 or by contacting us online.