Criminal Defense Law Firm

Possible Defenses for Drug Cases

12 Common Defenses Used by California Defense Attorneys in Drug Cases

In California, defense attorneys have a variety of strategies they might use to defend clients in drug cases. The defense approach depends on the facts of the case, the type of drug involved, and the specific charges.

These defenses are often tailored to the specific circumstances of the case, and an experienced defense attorney will use the most appropriate strategies based on the available evidence. Here are some common defenses:

1. Unlawful Search and Seizure (Violation of Fourth Amendment Rights)

Explanation: Law enforcement must follow strict rules when searching a person, their vehicle, or home. If drugs were found during an illegal search, the evidence can be suppressed (excluded from trial).

Example Defense: "The police did not have a valid warrant or probable cause to search the defendant's vehicle."

2. Lack of Possession

Explanation: Prosecutors must prove that the defendant had control over the drugs. Just being near drugs doesn't necessarily mean the defendant possessed them.

Example Defense: "The drugs found were not in my client’s possession or control."

3. The Drugs Belonged to Someone Else

Explanation: This defense asserts that the defendant was unaware of the presence of drugs or that they belonged to someone else.

Example Defense: "The drugs were found in a car or house shared by others, and my client was unaware of their presence."

4. Entrapment

Explanation: If law enforcement induced the defendant to commit a crime that they would not have otherwise committed, entrapment may be a valid defense.

Example Defense: "Undercover officers persuaded my client to sell drugs, which they would not have done otherwise."

5. Lack of Knowledge

Explanation: The defendant must knowingly possess drugs. If they were unaware of the presence of drugs or what the substance was, this could be a defense.

Example Defense: "My client had no knowledge that the package contained illegal substances."

6. Illegal Distribution of Cannabis Without a License

Explanation: While recreational use of marijuana is legal in California, distribution or sale of cannabis without a proper license is still illegal. An unlicensed individual or company distributing large quantities of cannabis can face serious charges. Defense strategies may focus on challenging the prosecution's evidence of intent to sell or showing compliance with medical or recreational use laws where applicable.

Example Defense: "My client possessed marijuana for personal use and was not engaged in illegal sales or distribution. The amount possessed, while large, was for lawful personal consumption or for legal sharing among friends."

7. Crime Lab Analysis

Explanation: The prosecution must prove that the substance in question is actually a controlled substance. Lab errors can result in inaccurate results.

Example Defense: "The substance has not been properly tested to confirm it is a controlled substance."

8. Improper Police Conduct

Explanation: If the police acted improperly (e.g., falsified evidence, tampered with witnesses, or used excessive force), this can be grounds for dismissing the case.

Example Defense: "The officers involved planted drugs on my client or coerced a confession."

9. Duress or Coercion

Explanation: The defendant may argue they were forced to commit the crime under threat of harm or violence.

Example Defense: "My client was threatened with violence if they did not transport drugs."

10. Lack of Intent to Sell (for Drug Sales Charges)

Explanation: In drug sales cases, the prosecution must prove intent to sell. Mere possession does not automatically imply intent to distribute.

Example Defense: "The drugs found were for personal use, not for sale."

11. Personal Use Argument

Explanation: This defense is particularly common in cases involving smaller amounts of drugs. If the amount is consistent with personal use rather than distribution, this can mitigate the charges.

Example Defense: "The drugs in my client’s possession were for personal use and not for sale or distribution."

12. Diversion Programs

Explanation: For certain non-violent drug offenders, California offers diversion programs, such as drug treatment or counseling, as an alternative to traditional sentencing.

Example: "My client is eligible for a drug diversion program instead of facing jail time."

Next Steps

Facing drug charges in San Francisco, CA, can be overwhelming, but understanding the possible defenses can empower defendants and contribute to a more informed legal strategy. It's crucial for anyone accused of a drug crime to consult with a skilled criminal defense attorney who can evaluate the specifics of their case, advise on the best defense strategy, and advocate on their behalf. Legal defenses in drug cases are highly dependent on the unique facts and circumstances of each case, making personalized legal counsel indispensable.

Gasner Criminal Law stands ready to assist you in your time of need. Adam Gasner will protect your rights by challenging the prosecution's case and striving for the best possible outcome in your situation. Contact us today at 415-782-6000 to schedule a consultation and take the first step toward building a robust defense against allegations of a drug crime.


*Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. If you are facing assault charges, consult a qualified attorney for guidance.

Blog Articles

About Possible Defenses

Since 1999, Gasner Criminal Law has implemented a range of potential defenses for different criminal charges. While by no means the last word, each blog post presents some potential defenses that we might consider after consulting with the client. Every citizen charged with a felony or misdemeanor crime deserves a fair trial and should be presumed innocent unless proven guilty beyond a reasonable doubt.

Gasner Criminal Law

San Francisco criminal defense attorney Adam G. Gasner is board certified by the California State Bar as a specialist in criminal law. He earned his Juris Doctor from the University of San Francisco in 1997.

Adam Gasner

SF Defense Attorney

CONTACT US