Idaho is a conservative state when it comes to drug possession. This means that possessing even small amounts of controlled substances can land you in serious trouble. This also means that the stiff penalties also apply to marijuana which is completely illegal in Idaho.
If you are found in possession of even a small amount of any controlled substances, you will likely face felony charges. The penalties, as noted in Idaho Statutes Section 37-2732, could include several years in prison and a hefty fine.
It is important to note that a conviction in a drug possession case may not always be fair. You may be wrongfully accused of possessing a controlled substance. If this happens, you stand to face the harsh punishments for a crime you didn’t even commit. This is where a good drug possession defense lawyer will be able to help you.
Before you can muster the legal help of a lawyer to defend yourself, it is important to understand how possession is defined in the Idaho laws.
How is Possession Defined?
The general definition of possession, as provided by Idaho laws, is that you are in physical control of a substance, and you fully know about its presence. However, once we delve into the details, possession can be of different types. For legal purposes, you can be charged with possession of a controlled substance if you have:
- Actual Possession: Actual possession is when the controlled substance is found on your person. It may be recovered from your purse, wallet, pocket, hands, or otherwise on your immediate physical dimensions.
- Joint Possession: This is when you are found to possess a controlled substance alongside other persons. For instance, if you and four other people were traveling in a rental vehicle and drugs were found in the car, you may be charged with joint possession.
- Constructive Possession: Constructive possession is when a controlled substance is found in a space that is under your control. Such a space can be your car, your room, or any other area for which you are responsible.
Common Defenses against Drug Possession Charges
As noted above, a drug possession charge may not always be fair. This is why it is possible to fight the charge, especially on the issue of proving possession. Following are some of the common defenses that are used in countering drug possession charges in Boise, ID:
- No Possession: When you are charged with drug possession, the burden of proof lies with the state. The state must prove beyond doubt that you were in legal possession of a controlled substance. However, depending on the circumstances of the case, it can be argued that you were not the one who was in possession of the recovered drugs. Even reasonable doubt over possession can be effective in having the charges dismissed.
- No Knowledge of Possession: This is another effective defense. It deals with situations where you were in possession of a drug substance but didn’t know that it was an illicit substance. For instance, you were handed a package by someone you know, or even a complete stranger. If the package contained drugs but you didn’t know about it, you didn’t knowingly possess the drugs. This defense is used to counter charges brought in scenarios where you were in accidental possession with no intention of committing a crime.
- Violation of Constitutional Rights: When the state is prosecuting you over drug possession, it must proceed with the investigations without violating your constitutional rights. Any evidence that is collected while violating these rights can be rejected in a court of law, even when that evidence positively indicts you. A detailed examination of the procedure of investigation can be undertaken to find ways to use this defense.
Hiring a Reliable Drug Possession Defense Lawyer in Boise, ID
A good lawyer can look through your drug possession case to come up with effective defenses. As shown above, different types of defenses can be used to counter drug possession charges. With these defenses, it is possible to have the charges reduced or scrapped altogether.
Here at Aaron Hooper, Attorney at Law, we believe that everyone has a right to a fair trial. This is why we work with you to fight against your drug possession charges. Being convicted in a charge like this can drastically change your life. We help you avoid such an outcome by preparing a solid defense. Reach out to us today to discuss your claim and schedule a free consultation with our lawyers.