Criminal Defense Attorney
There are many factors that may affect the outcome of a criminal case when you or a loved one has been charged and are awaiting the consequences for your/their actions. If the prosecutor fails to prove that you are guilty beyond a reasonable doubt when concerning the accusations made, the consequences may not come at all. As your case progresses in the court system, the waiting can become very nerve-wracking but, in some cases, there is a light at the end of the tunnel. Sometimes is it difficult to plead your case when you are not certain what the prosecution has against you, but you can always prepare yourself by building and presenting your defense.
As it pertains to a drug possession charge, it helps to realize what the prosecution is required to prove for you to be convicted or a guilty verdict to be decided.There are three elements to the crime that the prosecution must attest to as it relates to the allegations and potential charge. They are listed below:
- Actual control of the substance by you: There should be hard evidence that you have a direct involvement in the location of the substance and its distribution. If prosecutors cannot prove that you had control over the substance. There is no charge.
- Awareness that the substance is/was a drug: Knowledge of the substance and its potential to be illegal has to be established. The prosecutor must prove that the accused either knew or had enough information to know.
- Illegal nature of the substance: The big one. It has to be proven that the substance you are accused of being in possession of is in fact illegal as it pertains to the laws in your state. This is the easiest to prove and influence the charge to begin with.
If you or a loved one are facing drug possession charges, it is important that you speak with an attorney as soon as possible to begin to build the defense your case has the potential to see. When you speak with a skilled drug lawyer Dekalb County, GA trusts, despite the evidence that the prosecution may have against you and whether or not those three fundamentals were covered, you are opening up the likelihood of having charges dropped or dismissed. With the facts of the case, and the right attorney by your side, you will be able to understand your rights and the extent of the law, and ultimately shape your defense to attain the outcome you desire.
Thank you to our friends and contributors at Andrew R. Lynch, P.C. for their insight into criminal defense and drug possession.