Although you might feel like your chances of success are slim after being caught with cocaine in North Carolina, there are still plenty of viable defense strategies to consider. While pleading guilty is often a smart choice, it is by no means your only option when facing cocaine possession or distribution charges. Each situation is slightly different, and online research only provides basic answers. A consultation with a lawyer, on the other hand, can offer more targeted guidance based on your unique circumstances.
The Chain of Custody Defense
Even if police officers catch you with cocaine in your possession, they might later make a mistake when it comes to the “chain of custody” of the drug evidence. In other words, the officers might handle, store, or transport your alleged cocaine in a problematic way. If these errors cast doubt on the legitimacy of the evidence, then prosecutors might be forced to drop charges. Your defense attorney might be able to argue that the evidence could have been tampered with.
Defenses Involving Lab Analysis
You might also raise a defense involving the analysis of the alleged cocaine at a laboratory. Remember, you are only guilty if prosecutors can prove “beyond reasonable doubt” that you were carrying cocaine. If they fail to prove that it was, in fact, cocaine, then you might argue that it was some other white, powdery substance. Lab analysis often becomes incredibly important in this context.
If there is some kind of error or problem during the testing process, you could potentially avoid a conviction. It is worth noting that most cocaine today is “cut” or “laced” with non-illicit substances, such as flour. Even if cocaine charges are unavoidable, you can mitigate consequences by proving that part of the net weight consists of flour (or some other substance) – and not cocaine.
Constitutional Defenses
Even if it is clear that your cocaine is real, you might avoid a conviction if the arresting officers violated your constitutional rights. For example, they might have arrested, searched, or detained you without reasonable suspicion. They may have failed to give you a Miranda Warning before carrying out an interview or search. Perhaps they engaged in excessive force prior to finding the cocaine. Whatever the case may be, constitutional violations may force prosecutors to drop charges.
The Importance of Remaining Silent
Some of these defense strategies may prove useless if you admit to possessing cocaine during your initial arrest. To keep your options open, it almost always makes sense to remain silent during the arrest. Even if you make seemingly innocuous statements, prosecutors may use them against you at a later date. Remaining silent generally provides you with more potential defense strategies to choose from when you begin planning your defense alongside a lawyer.
Find an Experienced Cocaine Defense Lawyer in North Carolina
If you have been searching for an experienced cocaine defense lawyer in North Carolina, look no further than Coastal South Law. Over the years, we have helped numerous defendants throughout the Tar Heel State – including those facing drug offenses. We can help you review potential defense strategies – even if you have been caught with cocaine in your possession. Reach out today for a confidential consultation.
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