Common defenses against drug possession charges

On Behalf of | Dec 30, 2022 | Criminal Defense |

If you get arrested for drug possession in Louisiana, it can disrupt many areas of your life: your job, your educational aspirations and even your personal relationships. Fortunately, there are several common defenses for drug possession charges, and one might be appropriate in your case.

Illegal search and seizure

Police officers must have probable cause to search your property and person. If they lacked a warrant or consent and uncovered drugs, it means they violated your Fourth Amendment rights. Unless the drugs were in plain sight before the seizure, this criminal defense could result in the charges being dropped against you.

You didn’t possess a drug

Sometimes, law enforcement officers make mistakes and think you’re guilty of drug possession when you actually never had a drug in the first place. For example, if you had baby powder or cornstarch in plastic baggies that police believed was cocaine, a lab analysis could show that you didn’t possess a drug. You could argue this fact in court as your defense.

Drugs weren’t yours

If the drugs found by police weren’t yours but belonged to someone else, you could argue that during your case. However, this isn’t the strongest defense unless you have sufficient evidence to prove that the drugs belonged to another person.


In some cases, law enforcement officers might be guilty of entrapment, which leads to an otherwise innocent person buying and possessing drugs. If this happened to you, arguing entrapment could help your case. However, this is only effective if there’s proof that the officer threatened or coerced you into committing the crime.

No Miranda warning

You’re entitled to be read your Miranda warning after being arrested. Not doing so means the police violated your rights, and you can argue that in court.

Facing drug charges can be jarring, but fast action is crucial. Taking your situation seriously can help you protect your future.


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