Many drug possession or distribution charges begin with the discovery of illicit or controlled substances. Police officers searching homes, vehicles or businesses may find medications for which people do not have prescriptions or substances that are illegal.
Police officers generally receive training that can help them identify drugs, but they can easily make mistakes while conducting a search. In some cases, police officers might assume that a person possessed an illegal drug when the item was something perfectly innocent.
What happens when inaccurate assumptions lead to drug charges?
Chemical tests can exonerate defendants
Generally speaking, any alleged drugs found during a criminal investigation are likely to remain in state custody. Samples of the substances should go to laboratories for testing.
Theoretically, this process should exonerate the defendant. However, issues with contamination or improper testing methods might result in the state moving forward with drug charges.
In cases where police officers confused catnip for marijuana or powdered sugar for cocaine, chemical testing could theoretically help the defendant avoid a conviction and the consequences that the charges could carry. Drug defendants might work with lawyers and scientific professionals to conduct their own tests and counter the state’s claim that they possessed something illegally.
There could also be other strategies that help those accused of drug offenses exonerate themselves at trial. Inadequate evidence could also lead to a dismissal of pending charges.
When state authorities make mistakes during investigations or while testing evidence, defendants may be able to push back against erroneous assumptions. Reviewing what led to drug charges with a skilled legal team can help criminal defendants identify the best strategies for fighting back and avoiding convictions.