If the police arrest you for having illegal drugs in your possession, having a sound criminal defense should be your priority. If law enforcement officers didn’t follow the law or protect your rights before, during or after your arrest, it may be possible to challenge some or all of the evidence.
Let’s look at some possible defense strategies others have used successfully to fight drug possession charges.
Unlawful search and seizure operations
Like everyone else, law enforcement personnel must follow the law when making drug crime arrests. If they make errors that infringe on your rights, that can affect the validity of the case against you.
Evidence chain of custody issues
Evidence meant for use in criminal proceedings often passes from hand to hand. It has to be carefully tracked and documented. If it gets lost, contaminated or otherwise compromised, it should no longer be able to be used against you.
Law enforcement entrapment
Members of law enforcement have the right to engage in operations to catch those suspected of committing drug crimes. However, they may not induce or force you into criminal activity. The foundation of a successful entrapment defense typically involves showing you would not have committed the crime without pressure from the authorities or those working for them.
Not your drugs
Maybe the illegal substance belonged to someone else. Unfortunately, this defense can be hard to prove. However, if this is what happened in your case, it is worth discussing the matter with a legal professional.
We recommend staying current with South Dakota drug laws, particularly those about the possession of illegal substances. Your knowledge of the law can play a critical role in overcoming the charges you face.