Criminal Defense Attorney Bryan Hershman Reveals Best Defense Strategies When Facing A Drug Possession Charge – Tacoma, WA

Leading criminal defense attorney, Bryan G. Hershman founder at Bryan Hershman, Attorney At Law in Tacoma, WA, uncovers the top strategies to use when someone is faced with a drug possession charge. For more information please visit http://bryanhershman.com

Tacoma, WA, United States – November 29, 2020 /MM-REB/ —

In a recent interview, leading criminal defense attorney, Bryan G. Hershman founder at Bryan Hershman, Attorney At Law in Tacoma, WA, uncovered the top strategies to use when someone is faced with a drug possession charge.

For more information please visit http://bryanhershman.com

When asked for a comment, he said, “Getting charged with a drug possession can have serious long-lasting implications and shouldn’t be taken lightly. Depending on your particular circumstance, there are a number of ways in which a seasoned criminal defense attorney can formulate the best possible defense. Here are a couple of the best strategies.”

One of the most common defense strategies to combat a drug possession charge is arguing that the drugs were not those of the accused, and/or were not in his actual or constructive possession.

“Since it is the Government’s burden to prove that you were in possession of the drugs, your defense attorney could argue that the drugs do not belong to you and that you were unaware of the fact that those drugs in close proximity to you, or were on your property,” he said. This is called being in unwitting possession.

When asked for an example, he said, “Let’s say that law enforcement found marijuana in your car. A good criminal defense attorney would ask prosecutors to provide proof that the drugs were actually yours (depends on where found), that you were aware of their presence, and that they didn’t belong to anyone else recently in your vehicle.”

Hershman went on to say, “Next to the issue of possession, the single most common legal issue is that of a valid search. In the state of Washington, Article I, section 7, of the state constitution actually provides more protection than the 4th amendment of the US Constitution. As a result, scrutinizing the search is always a critical process in drug litigation, in particular, in Washington state or other states with a same or similar provision in their state constitution”.

Questioning the validity of a lab analysis is another useful tactic that a defense attorney might use in the courtroom.

“It’s the prosecution’s burden to prove that the substance you are charged with possessing is indeed the drug you were claimed to have. To do this, they have the substance analyzed in a crime lab by an analyst who then has to testify in court to round out the prosecution’s case,” he said.

Hershman was quick to add that the procedures used by the crime lab might be flawed, which could then irreparably damage the prosecution’s case.

Similar to questioning the analysis completed by the crime lab, claiming the drugs are missing is another possible defense for drug possession.

When asked to elaborate, Hershman said, “The other side’s case could be in jeopardy if they lose track of the drugs or simply don’t have them in custody any longer.

Without the evidence to find you guilty of a drug possession charge, the case may be dismissed. This strategy can often be helpful as it’s possible the evidence could have gone missing, or have been destroyed before the trial date.”

A thorough attorney will always ask to inspect the drugs that his client is alleged to have possessed before attempting to resolve the case. Additionally, where the weight of the drugs can be a matter of great importance to the potential sentence, an independent expert can be employed by defense counsel to challenge the weight of the drugs in the effort to reduce the level of charges his client is facing.

Source: http://RecommendedExperts.biz

Contact Info:
Name: Bryan Hershman
Email: Send Email
Organization: Bryan G. Hershman, Attorney At Law
Address: 1105 Tacoma Ave. S, Tacoma, WA 98402
Phone: 253-405-4360
Website: http://bryanhershman.com

Source: MM-REB

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