Can I Be Arrested for Drugs That Aren’t Mine?
Statistically speaking, approximately one out of every five people behind bars in the United States are there because of drug crimes, according to the Prison Policy Initiative. The sad reality is that many of those locked up for drug crimes are actually innocent. This figure also underscores the importance of hiring a criminal defense attorney when you face criminal charges for something you didn’t do.
So, is it actually possible to be arrested for drugs that weren’t yours?
The short answer is, “Absolutely, you can.”
In fact, we—here at the Law Offices of Malcolm B. Seawell—have represented numerous clients who were arrested for and charged with drug possession and other drug crimes but then, through our tenacity and commitment to justice, got all their charges dismissed.
Is it easy to prove that the drugs weren’t yours then? It’s not. Because police officers hear the phrase “the drugs aren’t mine!” when arresting individuals suspected of drug crimes all the time. But that doesn’t mean you should accept the injustice against you and serve the time you don’t deserve. You may have options. And our drug crimes attorney in Denver, Colorado, can help explore the options that may be available to you.
Can the “Drugs Weren’t Mine” Defense Work?
One of the first thoughts that might cross your mind when confronted with drug charges is to argue that the drugs weren't yours. While this defense seems straightforward—especially if you genuinely have nothing to do with the drug—its success relies on several factors. Simply claiming the drugs don't belong to you isn't enough. You need to substantiate this claim with compelling evidence.
But what if there is not enough evidence to prove the drugs were yours? That’s another point to consider. The prosecution must prove beyond a reasonable doubt that you knowingly possessed the drugs. This is where the complexity of the defense comes into play. If your attorney can demonstrate a lack of knowledge or control over the substance, it could strengthen your case.
However, every case is unique. Factors such as the location of the drugs, your relationship with the actual owner, and your behavior during the arrest will all be scrutinized when assessing the credibility of the “drugs weren’t mine” defense.
Types of Drug Possession
When determining if you can be convicted for the possession of drugs that weren’t not actually yours, you need to understand the type of possession in your case. The law recognizes three types of drug possession:
Actual possession: Actual possession is when the drugs are found on your person—perhaps in your pocket, bag, or any item you are carrying. In such cases, the prosecution's job is relatively straightforward: they only need to prove that you had the drugs on you. However, even in actual possession cases, it may still be possible to avoid a conviction, especially if your attorney can show that you were unaware of the drugs. Again, that’s more difficult than in other types of possession, but may still be possible with the help of a skilled attorney.
Constructive possession: Constructive possession occurs when drugs are found in a place over which you have control, such as your home or car, even if they're not directly on your person. The prosecution must establish that you had knowledge of the drugs and the ability to control them. This type of possession is more complex, as it often relies on circumstantial evidence.
Joint possession: Joint possession involves situations where more than one person has control over the drugs. This can occur in shared living spaces or vehicles. The prosecution needs to prove that you had both knowledge of and control over the drugs alongside another person. Joint possession cases often involve intricate legal arguments and require a more nuanced defense approach.
The success of the “drugs weren’t mine” defense depends not only on the type of possession in your case, but also the experience and skills of your attorney.
When You Knew or Should Have Known About the Drugs
A critical aspect of any drug possession case is the defendant’s knowledge of the presence of drugs. If you are facing drug possession charges, the prosecution will attempt to prove that you either knew or should have known about the drugs. In this context, ignorance is not always bliss. If the prosecution can demonstrate that any reasonable person in your position would have known about the drugs, it can weaken your defense.
Our attorney at Law Offices of Malcolm B. Seawell helps clients explore various avenues to counter this assertion. One strategy involves presenting evidence that you genuinely had no knowledge of the drugs. This can include witness statements, alibis, or evidence that supports your unfamiliarity with the environment where the drugs were found.
Determining what you should have known is subjective and can vary widely based on the circumstances. When representing clients, it's our job to highlight these nuances and emphasize any factors that indicate a lack of knowledge or control over the drugs.
Incriminating Circumstances in Drug Crimes Cases
In drug crime cases, several factors can tip the scales against you. Here are some common incriminating circumstances that the prosecution may use to build their case:
Presence of drug paraphernalia
Large quantities of drugs
Previous drug-related convictions
Attempts to flee the scene
Inconsistent statements during interrogation
Presence of large sums of cash
Association with known drug dealers
Text messages or calls indicating drug transactions
Drugs found in areas under your control
Positive drug test results
These circumstances can complicate your case, but they are not insurmountable hurdles. By addressing each point strategically, we work to dismantle the prosecution's arguments and create reasonable doubt.
Arrested for Drugs That Aren’t Yours? Call Now
Time is of the essence when facing drug charges. That also applies to situations when you are genuinely innocent. Contrary to popular belief, hiring an attorney isn’t a sign of guilt. It’s a sign of strength and your determination to prove your point. At Law Offices of Malcolm B. Seawell, we know there is no greater injustice than being accused of something you didn’t do. But just because you know you are innocent doesn’t mean you won’t be convicted and face harsh penalties. Our attorney can help you understand your options if you were arrested for drugs that weren’t yours. Call today to schedule your free case evaluation.