What Are Defenses to Drug Offenses?
February 28, 2025
No one should take drug charges lightly, if for no other reason than the severity of the consequences—which include potential jail time, fines, and a lasting criminal record. Thankfully, a charge does not mean a conviction. You have several legal defenses and strategies available to you to challenge the claims made by your prosecuting lawyer and protect your rights. Whether you need to defend yourself against possession, distribution, or manufacturing charges, get in touch with a West Chester criminal defense lawyer at the Law Offices of Heather J. Mattes to help you work toward the best outcome for your case.
Was the Search and Seizure Legal?
The Fourth Amendment protects you from unlawful searches and seizures. If law enforcement officers conducted a search without a warrant, probable cause, or your consent, a judge could declare any evidence that they collected as inadmissible in court. If your legal team can challenge the legality of a search and weaken the strength of the gathered evidence in the mind of the judge, you can often weaken the prosecution’s case significantly.
Can the Prosecution Prove Possession?
To convict you, the prosecution must establish that you knowingly possessed an illegal substance—a competent legal team can offer several defenses here. For instance, if the police did not find the drugs on your person, a legal team might argue that you did not know of their presence. Shared spaces, such as a vehicle or apartment, can make matters hard for the prosecution, as they must prove beyond a reasonable doubt that you knew about the drugs and controlled their presence there.
Was the Substance Actually Illegal?
Your legal team could question whether the substance in question is actually illegal—this path requires lab testing that is required to confirm the nature of the substance. If you can find errors in handling, testing, or reporting the evidence, you can create reasonable doubt in the mind of judge and jury. The prosecution must definitively prove that the material is a controlled substance, or else you may have grounds for dismissal of the charges against you.
Were You a Victim of Entrapment?
If law enforcement induces you to commit a crime that you otherwise would not have committed, they have engaged in entrapment. Many defense lawyers use entrapment as a defense in cases that involve undercover officers or informants. If you can prove that someone coerced or pressured you into engaging in illegal activity, you could use entrapment as a viable defense.
Can the Evidence Be Challenged?
In many drug cases, the prosecution relies heavily on physical evidence. But if you can demonstrate issues with how the police or prosecution handled, stored, or presented that evidence, you could challenge its validity. For instance, if you can prove breaks in the chain of custody or suggest that someone contaminated the evidence, you can create doubt about its reliability.
Defending Yourself Against Drug Charges with a West Chester Criminal Defense Lawyer at the Law Offices of Heather J. Mattes
If you need to fight drug charges, a skilled lawyer can represent you in court, protect your constitutional rights, question the prosecution’s evidence, and present arguments that create reasonable doubt. Contact a seasoned West Chester criminal defense lawyer at the Law Offices of Heather J. Mattes for dedicated, personalized legal support. Call our West Chester, Pennsylvania, office at 610-431-7900 or contact us online for a free consultation. We proudly serve clients in Chester County, Bucks County, Delaware County, Lehigh County, Montgomery County, and Philadelphia County.
