Can My Attorney Fight Possession Charges Based Only On Paraphernalia?

Lack of Evidence of “Possession”

One possible defense strategy is to argue that the paraphernalia in question was not directly linked to you. For example, if the items were found in a shared space or vehicle, it may be difficult for the prosecution to establish ownership or control beyond a reasonable doubt. By demonstrating the lack of knowledge of the presence of the contraband, your attorney may weaken the prosecution’s case against you.

Fourth Amendment Protections

Another aspect to consider in possession cases is the legality of the search and seizure that led to the discovery of the paraphernalia. The Fourth Amendment of the United States Constitution protects individuals from unreasonable searches and seizures by law enforcement. If the paraphernalia was obtained through an illegal search, your attorney can file a motion to suppress the evidence, arguing that it should be deemed inadmissible in court.

Contesting Intent

Intent is a fundamental element in possession cases. To secure a conviction, the prosecution must prove that you knowingly possessed the paraphernalia and intended to use it for unlawful purposes. 

However, intent can be challenging to establish as there may be legitimate reasons for possessing certain items. Your attorney can argue that you were unaware of the paraphernalia’s presence or that it belonged to someone else, therefore negating any possibility of intent.