Defenses Against Fresno Drug Charges

When facing drug charges in Fresno, the prosecution must prove each element of the alleged crime beyond a reasonable doubt in order to secure a conviction. Fortunately, there are several legal defenses an experienced attorney can employ to challenge the case against you. Below are detailed descriptions of common defense strategies and how they may apply to your situation.

Unlawful Search and Seizure

This defense challenges how law enforcement obtained evidence. Under the Fourth Amendment, police are prohibited from conducting searches or seizing evidence without a warrant or probable cause. If the search violated your constitutional rights, any evidence obtained during the illegal search may be deemed inadmissible, significantly weakening the prosecution's case.

Lack of Knowledge

This defense is often used when the defendant was unaware that drugs were in their possession or didn't know the substance was illegal. For instance, if someone borrowed a friend's bag without knowing it contained drugs, they might not legally be considered to have had "knowing possession." Your attorney can present evidence to dispute claims that you were aware of the substance and its nature.

Valid Prescription

If the controlled substance was prescribed to you by a medical professional, this can serve as a strong defense. Prescription medications like oxycodone or Xanax are often subject to abuse, but possessing a valid prescription demonstrates lawful possession. Your attorney can present medical records and pharmacy documents to prove your case.

Entrapment

This defense applies if law enforcement officers coerced or tricked you into committing a crime you otherwise wouldn’t have committed. Entrapment often arises in undercover operations where police pressure or manipulate individuals into participating in illegal drug activity. Your attorney would need to show that the criminal act was a result of undue influence or persuasion by law enforcement.

Lawful Possession

Possessing or using certain substances is lawful under specific conditions, such as recreational or medical marijuana within legal limits in California. If the substance in question is permissible under state laws and if you complied with the regulations, this defense may successfully challenge the charges.

Legal Prescription for Marijuana

If you were accused of illegal marijuana possession, but you have a physician’s recommendation or a valid medical marijuana card, this can serve as a defense. California law provides protections for individuals with valid medical prescriptions under certain circumstances.

Brief Possession

This defense applies if the accused was in possession of the drug for a short duration and only to dispose of it. For example, if you confiscated drugs from someone else with the intent to turn them over to the police, your attorney can argue that you had no criminal intent.

Cultivation with Legal Authorization

Growing marijuana is legal in California under specific conditions for personal use or medical purposes. If you followed the applicable state and local laws, such as plant count and cultivation limits, this defense can counter cultivation charges.

Possession for Personal Use (Proposition 47)

Under Proposition 47, certain drug possession offenses for personal use, such as small amounts of controlled substances, have been reclassified from felonies to misdemeanors. If your case qualifies, your attorney can argue for a reduced charge or dismissal.

Possession of Marijuana Under an Ounce

California law allows adults over the age of 21 to possess up to one ounce of marijuana for recreational use. If the amount in question falls within this limit, your attorney can assert that no crime has been committed.

No Evidence of Distribution

If you are accused of drug sales or trafficking, but there is no concrete evidence such as large quantities of drugs, packaging materials, or cash, your attorney can argue that the substances were intended for personal use only, challenging the intent to distribute.

Furnishing Controlled Substances to Another

If you are accused of providing drugs to someone else, your attorney can dispute whether there was intent to distribute or argue that the substance exchange did not occur. Proving intent is critical for the prosecution to secure a conviction on distribution or furnishing charges.

Possession With Intent to Sell

To secure a conviction for possession with intent to sell, prosecutors must establish that you had both possession and intent. Evidence such as weighing scales, baggies, or text messages is often used to substantiate intent. Your attorney may argue the items were used for lawful purposes or show the absence of persuasive evidence indicating intent to sell.