Being charged with the possession of drugs in South Dakota is a serious situation. If convicted, you face life-changing consequences.
While this is true, there are several possible defenses to these charges. Knowing what these are can help you have your charges reduced or dismissed completely.
1. Evidence was obtained via unlawful search and seizure
Citizens are protected from the government under the Fourth Amendment. There are only some situations when it’s legal for police or other authorities to search someone or their property. Because of this right, it may be possible to challenge the search and seizure that occurred when you were arrested.
2. The drugs aren’t yours
Many people arrested for drug possession claim the drugs aren’t theirs or that they did not know about them. Unfortunately, this is hard to prove.
Before making any arguments or claims about the drugs to the authorities, you must ensure you aren’t saying something that may impact your case. While having proof of this may be beneficial, if you don’t, this defense won’t apply to your situation.
3. You’re a victim of entrapment
Police officers have the right to create sting operations. However, entrapment isn’t legal. This occurs when informants or officers make someone commit a crime they would not have. While buying or selling drugs from or to an officer isn’t entrapment, it could be if authorities threaten or harass someone to commit a crime. This may be a viable defense for your situation.
Protecting your rights when facing drug possession charges
If you are arrested in South Dakota for drug possession, taking steps to protect your rights is important. You should also know what possible defenses you have for your situation. This information may help you avoid the serious consequences that often accompany a conviction.