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Criminal Defense From A Former Prosecutor

The Three Most Common Marijuana Possession Defenses

Our country is becoming more tolerant towards who can and cannot possess marijuana and where. The unfortunate result is that many Americans are confused about marijuana possession and what their rights are.

If you have been charged with marijuana possession, whether it be for personal use or intent to sell, it is important to enlist the help of a criminal defense attorney such as David S. Kestenbaum. Our law group builds a strong defense for our clients, which may involve any one of the following:

1) Unlawful Search and Seizure Defense

Issues surrounding unlawful search and seizure are among the most common marijuana possession defenses. If marijuana is in plain view of a police officer (such as on the dashboard of your vehicle) then that marijuana can be lawfully seized and used as evidence should you go to trial. But if the marijuana was found in the trunk of your vehicle after it had been pried open without your permission, the marijuana cannot be entered into evidence and cannot be used at trial.

2) The Marijuana Was Not Yours

This is what some call the "I didn't do it" defense. Supposing a joint is found in your car. A skillful criminal defense attorney such as David S. Kestenbaum is able to create a strong argument to show that there is no proof the joint found was yours, but rather one of the other passengers.

3) The Seized Drugs Go Missing

The substance found in your home has been seized by law enforcement and sent to the crime lab. The analysis shows that the substance is marijuana, but where exactly is the substance now?

What many do not realize is that prosecutors must be able to produce the seized substance during trial, something which many struggle with since the alleged marijuana has to be transferred several times prior to landing in the evidence locker. Prosecutors must also prove without a doubt that the seized substance in their possession is the same substance that was in your possession.

Whether you have recently been accused of illegally possessing marijuana or have received a summons to appear in court, it is never too late to stand your ground and uphold your rights. At the Kestenbaum Law Group, we have helped clients have their charges reduced, and in many cases thrown out.

We welcome your call today at (818) 275-4910 to discuss how we can help you.

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