Prosecutors must prove your drug possession charges in New Mexico beyond a reasonable doubt. It is not your burden to prove that you were NOT in possession of illegal drugs. However, any person charged with a drug possession crime has the right to demand that the government prove its case.
Drug crime lawyers often seek drug evidence suppression before a trial begins. We could reduce the charges if we achieve this outcome. Otherwise, we will strive to obtain an acquittal or a favorable outcome. If necessary, we will appeal.
In this post, I help you examine the following common defense to New Mexico drug possession charges:
- Common Defense 1. You Were Not Aware of The Alleged Drugs
- Common Defense 2. The Drugs Did Not Belong to You and You Did Not Exercise Control
- Common Defense 3: An Improper Police Stop Occurred
- Common Defense 4: An Improper Police Search Occurred
- Common Defense 5. The Police Destroyed or Failed to Disclose Evidence
These defenses do not apply to every situation. However, they are potential issues that should be investigated and explored in assessing any drug case. Always seek personalized legal advice if you or a loved one faces drug possession charges in New Mexico.
Let’s start by looking at the first common defense to New Mexico drug possession charges:
Common Defense 1. You Were Not Aware of the Alleged Drugs
An unwitting possession defense asserts that you were unaware of the fact that there were drugs in your alleged possession. It is not necessarily unusual for a defendant to be in an area where unbeknownst to them another person possesses drugs. For example, the police may have found drugs in your car, but they were not yours. It is challenging for the prosecution to prove your intention to break the law if you were unaware that any alleged drugs were there.
Common Defense 2. The Drugs Did Not Belong to You
It is the prosecution’s responsibility to demonstrate intent. Although you may have been aware of the drugs, they may not have been yours. This defense is often referred to as a “lack of possession” when applied to groups of people and is effective when there was no exercise of control over the alleged drugs.
Common Defense 3: An Improper/Unconstitutional Stop Occurred
The validity of any encounter with law enforcement is always subject to examination. Was there a traffic stop? Was it a consensual encounter? If law enforcement violated your rights by stopping you unconstitutionally, that may be a potential defense.
Common Defense 4. An Improper/Unconstitutional Police Search Occurred
Regardless of intent or evidence, police officers must observe a person’s constitutional rights. If they do not, and conduct an unlawful search, the case can be thrown out of court. Simply put, the law must be followed. Otherwise, the authorities may be liable for violating someone’s rights.
Police must adhere to many standards and procedures when searching a residence or motor vehicle. They must always have probable cause or a warrant for entering a property. Police can overstep these boundaries in several ways, and your lawyer will conduct a thorough investigation into their investigation techniques. We might be able to use this evidence against them as part of your defense.
Sometimes, police overstep the “plain view” rule. As a result, anything in plain sight of the police’s permittable search area can be used against you. If they violate this standard, then you might be able to use it as part of your legal defense.
Common Defense 5. Police Destroyed or Failed to Disclose Evidence
You have a right to have the State produce all the material/exculpatory evidence in your case. Failure of the prosecutor or law enforcement to produce the evidence may violate your rights. Further, the destruction of evidence by law enforcement may further violate your rights and affect your ability to get a fair trial.
Related Article: 7 Tactics for Defending New Mexico Child Abuse Charges
Get Help with Your Defenses to New Mexico Drug Possession Charges
Other defenses are available when facing drug possession charges in New Mexico. A drug crimes lawyer can help you understand your legal rights and explain the defenses available in your case. You do not have to go to jail or prison without putting up a fight to exonerate your name and reputation.
Get a FREE CASE STRATEGY SESSION Today
Grano Law Offices, P.C. is prepared to mount a solid legal defense on your behalf. You can learn about how we would prepare your case with a Free Case Strategy Session. Schedule yours now by calling (505) 426-8711 or send us a confidential message through the contact form below. If you cannot meet me in my Las Vegas, New Mexico office, we can visit by telephone or secure video chat.
