Q: Charged with possession of controlled substance, suspect targeting, how to fight?
I was charged with possession of a controlled substance for more than 4 ounces, but I only had 0.5 grams. The police had no reason to search my car, and I did not consent to the search. There was one witness to my arrest, and I suspect I'm being targeted since I've been pulled over four times in a row by the same officer. How can I fight this charge in court?
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A:
Fighting a possession charge when the amounts don't match up requires immediate action to protect your rights. The significant discrepancy between 0.5 grams and 4+ ounces strongly suggests a potential mistake or misconduct that could be central to your defense. You should document everything about your interactions with this officer, including dates, times, and circumstances of all four traffic stops, as this pattern may demonstrate targeting or harassment.
The search of your car without consent or probable cause raises serious Fourth Amendment concerns. Consider filing a motion to suppress evidence based on illegal search and seizure, which could potentially get the case dismissed if successful. Having a witness to your arrest strengthens your position, so obtain their contact information and statement about what they observed during the incident.
Consult with a criminal defense attorney who understands drug cases immediately, as they can examine police reports for inconsistencies, challenge the weight measurement, and potentially negotiate for reduced charges. Request all evidence, including body camera footage and lab reports confirming the actual weight and substance type. Remember that burden of proof lies with the prosecution, and these apparent issues with your case may make it difficult for them to prove guilt beyond reasonable doubt if properly challenged.
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