Cocaine Possession Defenses
Cocaine possession defenses can vary considerably depending on the details of your case. For example, if this is your first offense, you may be less likely to endure some of the more severe penalties associated with a conviction.
The state’s prosecutor may be more willing to work out a plea agreement with you or allow you to enter a pre-trial diversion program as opposed to being required to complete jail or prison time.
If you have a prior conviction on your record, it may be less likely that the state will work with you to obtain a plea agreement. Instead, your attorney will carefully examine the evidence in your case to determine which defense strategy is most likely to produce a favorable outcome.
Here are a few of the more common cocaine possession defenses:
Unlawful Search and Seizure
One of the most common defenses in cocaine or other drug crime cases is unlawful search and seizure. For police to search you or your property, they need to have probable cause to do so.
If they do not have this probable cause, any evidence they obtain during their search may be considered unlawfully obtained, therefore inadmissible as evidence against you at trial.
The Cocaine Belonged to Someone Else
Another common way to defend against cocaine charges is to argue that the cocaine belonged to someone else. If you did not have actual possession of the drugs, your attorney might be able to introduce reasonable doubt that the cocaine was not yours and that you had no idea of its existence.
Lack of Knowledge
For the prosecutor to obtain a conviction against you, they will need to show that you knew that you had cocaine at the time of your arrest. This lack of knowledge could help clear your name of the charges against you.
However, your attorney will need to show that there is a reasonable belief that you had no idea that the cocaine in question was, in fact, cocaine. For example, if you were found to have a box containing cocaine, but you believed it to be baking soda, you will need to show the jury you had no reason to believe that it was anything other than baking soda.
Other Cocaine Defenses
Many other potential defenses depend on the specific details of your case. Some of these might include:
- Lack of power and intent to control
- Crime lab analysis issues
- Chain of custody issues
- Entrapment
Options for Cocaine Charges
Many people arrested for cocaine possession in Detroit are better served by addressing their substance abuse issues. So, if you are a first-time offender, you may avoid a conviction by working out a plea that allows you to enter drug treatment.
Depending on the situation, you may be able to have your case heard in Michigan drug court, Veterans Court, or otherwise enter a pre-trial diversion program. In entering pre-trial diversion programs, you can get medical attention and mental health counseling you need to overcome your addiction and rebuild your life.
Once you complete the terms of your drug program, your charges may be reduced or dismissed.
Detroit Cocaine Possession Resources
If you face cocaine possession charges in Detroit, you may be looking for legal resources and support to help you get through these difficult times. Here are a few options that may be available to you:
Detroit Recovery Project
1121 East McNichols Rd.
Detroit, MI, 48203
Outpatient Substance Abuse Treatment Center
West McNichols Bldg.
11000 W McNichols Rd. B3
Detroit, MI 48221
419-975-5859
Sobriety Programs
2081 W Grand Blvd.
Detroit, MI 48208
866-785-0866
National Council on Alcoholism and Drug Dependence – Greater Detroit Area
2400 E. McNichols Rd.
Detroit, MI 48212
313-868-1340
Contact a Cocaine Lawyer in Detroit Today
If you have been charged with cocaine possession, you must act fast and start working on your defense.
The Davis Law Group is here to review the evidence and help determine which legal options are most likely to produce a favorable outcome. Complete our online contact form or call 313-818-3238 to schedule your free consultation.