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What Is Best Defense For Heroin Possession?

Posted on August 7, 2014 in General Criminal Law Issues - Northern KY State Crimes in Northern Kentucky Uncategorized

There is no “best” defense that applies universally to all cases, but only the best defense in any given case.  Heroin, and other illegal drugs, often have a defense to possession if the officer illegally searches a vehicle, person, purse or backpack.  Many times the search is incident to arrest, which would be a proper search.

 

Heroin Image (Pic for those of you who have not seen heroin)

Generally a search warrant is required for search of a person, vehicle or residence.  Exceptions to the warrant requirement are based on warrantless searches.  Warrantless searches are permissible if: (1) the drugs are in plain sight of the officer; (2) if the defendant or property owner consents to the search; (3) if the search is incident to arrest; or (4) if there are exigent circumstances that suggest illegal activity and there is a reasonable expectation that the contraband will disappear without a search.

Many recent cases which I have handled involved persons passed out in their vehicles, requiring the EMT to be called for revival.  This presents the defendant with life saving requirements, often at which time the needles, unused drugs and/or small amount remaining is in both plain view and present exigent circumstances.

There are a number of cases where treatment is the best alternative, and may provide a potential resolution to the case.  In Ohio, a defendant may enter a Treatment in Lieu of Conviction plea.  It is similar to a Diversion in Kentucky.  The defendant generally admits to possession, then is entered into a probation program for a period of time and is required to complete drug treatment.  If the drug program is successfully completed, the defendant will generally have the opportunity to have the case dismissed then later potentially expunged from his record.

If you have been charged with possession of a controlled substance, contact an attorney.  In Cincinnati or Northern Kentucky contact the Bouldin Law Firm and speak to Michael at mwbouldin2@gmail.com or call 859-581-6453.