Michael C. Hennenberg

cleveland ohio criminal defense attorney
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Using laboratory testing to build a drug possession defense

Fighting drug charges is nothing to take lightly, even if it is a first time offense. You only need to look at statistics on the numbers of inmates in prison for non-violent drug offense to see how harshly the courts treat drug offenses.

If you or someone you love recently received drug charges, now is not the time to sit back and see what happens. It is quite the opposite. The longer that you wait to begin building your defense, the more time you give the prosecution to build a case against you unhindered, and the less time you have to review the evidence against you and fight it.

There are many methods you might use to push back against drug charges. You may start with challenging the conduct of the officers who charged you, or you may challenge the assertion that you possessed any drugs at all.

These angles of defense are often the simplest to attempt, but if you don't find success, there are still options. Whatever you do, don't put off building a defense altogether, or else you may lose thousands of dollars in unnecessary fines and face months or years behind bars.

Demanding laboratory testing

A common defense technique involves formally requesting that the court have the evidence against you tested in a laboratory to determine its content. Drugs like cocaine or other highly processed drugs are often misidentified during an arrest. If the composition of the substance gathered as evidence does not match the charges, courts are more likely to dismiss the charges altogether.

It is possible that the laboratory testing does come back affirming the charges, but you may have ways to challenge the methodology used in the lab, the calibration of the instruments used or the possibility that other evidence contaminated the test sample. With determination and resources, there are many ways to push back on these results.

Using this tactic also forces the prosecution to actually produce the drugs that they claim you owned when they charged you. More often than you might think, evidence gets lost in storage or misfiled, and if the prosecution cannot produce the proper evidence, courts are, again, likely to dismiss the charges.

Don't wait to protect your future

The specifics of your charges dictate the course you take in building a defense, but you must begin building it immediately to retain as many options as possible. The longer you wait, the less time you have to work through the evidence against you and find weaknesses in the charges. Begin building your drug possession defense today to keep your rights secure and protect your future freedoms.

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Michael C. Hennenberg
5910 Landerbrook Drive, Suite 200
Mayfield Heights
Cleveland, OH 44124

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