It can be terrifying to be detained on drug possession allegations. Indiana has severe rules against drug crimes, and those found guilty face jail time and fines. You can feel overburdened while you through a difficult criminal justice system that includes numerous court hearings, discussions with indiana drug crime lawyer, and perhaps a trial. Some of your concerns may be alleviated by being aware of your rights and the defenses that may be available to refute the accusations made against you. 

What Are Your Rights if You’re Charged with Drug Possession?

As with any criminal prosecution, drug possession cases involve various rights that might shield you from legal errors.

Unreasonable searches and seizures are one of the most well-known rights. People have a right to property security under the Fourth Amendment. Unless a warrant is in place or an exception applies, law enforcement personnel are not permitted to search you, your house, your automobile, or any other property. Any evidence that authorities get in violation of this right because they suspect you are carrying drugs could be suppressed in court.

You also have the option to remain silent when being questioned by the police. If you are being questioned by police after being arrested, they are required to issue you a Miranda warning so that you are aware of your rights. You can avoid saying anything that could be used against you in court by being quiet when interacting with law enforcement officers. Additionally, if you spoke to authorities without having the Miranda warning read to you, your words could be used against you in court.

Do You Have the Right to Legal Representation?

The right to legal representation in a drug possession prosecution is another fundamental right. To ensure a fair trial and get the best result, you must have a criminal defense attorney on your side.

A competent lawyer can defend your rights throughout the process and offer comprehensive guidance. As was already mentioned, they may even defend you before charges have even been filed, shortly following your arrest.

Your attorney can also provide you with advice on various plea bargains or diversion programs, which, depending on the situation, may result in lesser sentences or even a discharge.

How Can a Defense Against Possession Charges Be Created?

If the prosecution decides to charge you with drug possession, don’t give up hope. There might be ways to fend off the charge.

In cases involving drug possession, among others, the following arguments could be made:

• Illegal search and seizure
• Inaccurate test results
• Other people’s drugs
• Chemicals that were planted

Your defenses will be supported by solid evidence. To decide how to handle your case, your attorney will compile and examine the available evidence. Depending on the circumstances, your attorney may also attempt to obtain a drug diversion program or negotiate plea agreements on your behalf. To get more in-depth knowledge about drug possession laws in Indiana, please contact straccilaw.com.