Drug Possession, Trafficking, and Transportation
Evidence in Drugs Cases
Caught with Drugs
If you were ever caught with drugs in your possession, it is always good to know all your rights. The police will check all forms of evidence to determine if a person committed an offense as well as what that offense might be.
Drugs are a social menace
Possession of Controlled Drug
Offence of possession of Drugs
In this kind of offense, the drugs are often the sole actual evidence that the prosecution and police will have.
There is no such thing as a definite amount which can be considered for personal use. When you are caught with a large amount, the police will assume that this will be too much for your personal needs. You can be charged with the offense of possession with the intention of supplying drugs which is way more serious. But, your own situation is critical. When you are using a high quantity or dose of drugs on a regular basis, there is a chance that you possess even larger amounts.
Possession with Intent to Supply or PWITS a Controlled Drug
The quantity of drugs you got in your possession implies to the prosecution and police that you have intent to supply to another person. But, the quantity itself is usually not sufficient evidence. Law enforcement officials can charge you with ‘possession of drugs’ if they find any illegal substances on your such as Hashish, LSD, Heroin, Pethidine, Remifentanil, Sufentanil, Marijuana, Methamphetamine, Spice Or K2, ecstasy, Cocaine, etc.
The Police will check Your Home or Car
The police will check your home or the other things that came with the drugs. If things often associated with drug supply are also discovered, it might indicate that you have plans to supply or sell drugs. Such items include individual deal bags, scales, customer lists, cling film, cash, and text messages that indicate transactions.
The police might check for fingerprints on the packaging of the drugs, particularly when you are claiming that the drugs are not yours. Even when you are caught with just a small amount of drug, your statements can qualify as evidence. For instance, when you tell the police that you hold an ecstasy pill for your friend, it can be used for establishing intent to supply.
Supply of Controlled Drug
The quantity of drugs is not that important when you have been caught while supplying them. You can still be charged with an offence even when you are just supplying a small quantity of drugs to another person.
The authorities will search for some kind of evidence as for possession with intent to supply. However, since the actual supply should take place, they are also going to use other forms of evidence. It could be hidden cameras or CCTV or some undercover officers might be in areas known to have drug supply. They may also use listening devices or probe for recording conversations. A good example is inside a suspect’s car. Such recordings can serve as court evidence. But, the police are not allowed to interrupt conversations over the phone.
Undercover Officers
An undercover officer might also pretend as someone purchasing drugs just to prove that a person sells drugs. The officer often uses a hidden microphone or camera that will record the entire deal. Undercover officers can never persuade or force a person to commit an offense. It will be considered as entrapment, with the person committing the offense because the office encouraged him or her to do so.
Other evidence used in drug cases includes mobile phone evidence, production of the controlled drug, and production or cultivation of cannabis.
How to Fight Drug Possession Charges
Fighting drug possession charges can be challenging. But, it’s possible to fight such charges if you have the best lawyer on your side.
Having different document requests, deposition, and some kinds of procedural requests wear down prosecutors eventually. He would rather drop the charges or reduce the sentence than continue handling busy work on the minor case.
Diversion programs
In numerous jurisdictions, this kind of approach may result in charges to dismiss. Once the prosecutor doesn’t provide some materials during discover, the defendant may request that charges be dismissed. Sometimes, if this approach fails due to the reason that the prosecutor takes interest in the case, it could be successful.
In some jurisdictions, it’s possible to go through the diversion program. Such programs enable rehabilitation and fines or a conviction. After completing diversion programs successfully, charges and any conviction record are dropped officially. This option basically needs the accused to remain sober since criminal penalties return once accused fails their treatment programs.
Challenging how evidence
In other cases, you might need to fight your cases on its merits. It may be done through challenging how evidence was obtained. You can start through trying to show that officers lacked probable cause for the search or for the stop. Generally, it’s the weakest part of the case of the prosecutor. Officers actually ask to search, yet they use phrasing or tone, making it seem like there isn’t any choice. It’s the perfect way to say no to the search as long as you could do so without being arrested for obstruction or resisting arrest. If officers search without probable cause, your warrant or permission, the evidence won’t be admissible in the court.
Another weakness is establishing that there’s constructive possession. It means that circumstances might make it appear that items are in your possession, yet aren’t really yours. For instance, you might have borrowed the car of your friend to drive to stores. After getting pulled over for traffic violations, officers find probable cause to search the vehicle. Drugs found during this search could or could not be yours. Since the car is only borrowed, it makes it tough to prove drug possession beyond a reasonable doubt.
Prove that substance is a drug
If the past defence isn’t an option, the next defense is making prosecutors prove that substance is a drug. Challenging laboratory reports as well as objecting to the identification of the substance means that prosecutors have to prove that it’s drug beyond reasonable doubt. This headache for the prosecutor increases the money and time spent on the case. Aside from that, the criminal cases are rescheduled often. It makes bureaucratic nightmare for prosecutors as they need to schedule lab tech to show up in courts and rearrange the day off of the technician.
Why contact an experienced lawyer to help fight drug charges?
Handling the criminal justice system in the UAE can be immensely devastating. Whether you’re the target of an investigation, have been charged with a misdemeanor or felony, or are worried you could be charged, you need to be confident that you’re being both proactive and determined in your efforts to protect your legal rights.
If you are facing or fighting drug possession charges, it is always wise to let a lawyer do the job for you. Just choose the one who has years of experience and expertise in cases related to such charges. In this way, you can be assured that you will be able to fight against such charges successfully.
Â
