How Can I Defend Against Drug Possession Charges if the Drugs Were Planted?

If drugs were planted, a defense can focus on showing that you didn’t knowingly possess the drugs and challenging the evidence supporting the charge.

At Burch & Stewart Attorneys, we work hard to achieve the best possible outcome for clients facing drug charges in Manchester and throughout Middle Tennessee. In this article, we’ll explain how drug possession charges can be challenged when a person claims the drugs didn’t belong to them.

The Prosecution Must Prove You Knowingly Possessed the Drugs

The prosecution must present evidence connecting the accused to the substance. Under Tennessee law, simply being near drugs isn’t enough to establish possession.

Drugs aren’t always found directly on a person. In some cases, they’re discovered in a shared vehicle or residence. When that happens, prosecutors often rely on a legal concept known as constructive possession, which means a person had knowledge of the drugs and the ability to exercise control over them even if the drugs weren’t physically on their person.

Is the Evidence Reliable?

A defense isn’t limited to arguing that the drugs didn’t belong to you. It can also challenge the prosecution’s evidence.

Potential issues with the prosecution’s evidence can include:

Illegal search and seizure.

Both the federal and the Tennessee Constitution protect people from unreasonable searches and seizures. If drugs were discovered during an illegal search, the court can exclude that evidence.

Chain of custody issues.

The prosecution must show that the substance presented in court is the same substance recovered during the investigation. Problems with how evidence was collected, stored, transferred, or documented can raise questions about its reliability.

Problems with drug testing.

The prosecution must also establish that the substance was properly identified. The defense can examine how the substance was tested and whether proper procedures were followed.

Ways to Challenge the Prosecution’s Evidence

What to Do If You’re Charged With Drug Possession

If you’re charged with drug possession, there’ are steps you can take to protect your rights.

Remain silent and avoid answering questions about the allegations without an attorney present. Statements made after an arrest can later be used as evidence.
Don’t consent to searches of your vehicle, home, phone, or other property unless required by law.
Document details about the arrest that could become relevant to your defense, and preserve any records or communications that support your account of what happened.
Comply with court requirements, including scheduled hearings and any conditions of release.
Speak with a criminal defense attorney as soon as possible. Early legal guidance can help identify potential defenses.

Contact The Law Offices of Burch & Stewart

If you’ve been charged with drug possession and the drugs didn’t belong to you, the prosecution still has to prove the charges. A strong defense often begins with a careful review of the evidence.

At Burch & Stewart Attorneys, you can count on skilled representation if you’re facing a drug possession charge in Manchester, Tennessee. Schedule a free consultation today or call us at 803-779-3363.