Three Ways We Commonly Beat Drug Charges in Mississippi
If you’ve been charged with a drug crime in Mississippi, you may be wondering if there’s any way to beat the case. At McCormick Lawrence, PLLC, we defend clients every day who are facing charges like drug possession, drug trafficking, or possession with intent to distribute. The good news: there are many ways to fight back. Here are three of the most common defense strategies we use to beat drug charges in Mississippi courts.
1. Fourth Amendment Violations During a Traffic Stop
One of the biggest defenses in drug cases comes from the very beginning: the traffic stop or police encounter. Police must have a valid legal reason to pull you over. They cannot hold you longer than necessary unless they have real probable cause. If they use a drug dog, they must follow strict rules on timing and procedure.
We’ve won cases where officers dragged out a stop just waiting for a K-9 to arrive. Courts have ruled that this violates the Fourth Amendment, which protects you from unreasonable searches and seizures. If the stop was illegal, any drugs the police claim to have found cannot be used against you. This is often one of the strongest ways to beat a possession charge after a traffic stop in Mississippi.
2. Illegal Search and Seizure of Your Vehicle, Home, or Property
Even if the initial stop was valid, police must still follow the law when searching your car, your house, or your belongings. Without a proper warrant—or if they go beyond the scope of what the law allows—the search may be unconstitutional.
We frequently see cases where officers claim “probable cause” that doesn’t hold up in court. If the search was illegal, the evidence can be thrown out, which usually results in the charges being dismissed. This defense applies in many situations, from marijuana possession in a car to meth or cocaine found in a house search.
3. Lack of Knowledge or Possession
Mississippi law requires the State to prove more than the fact that drugs were nearby. They must prove that you knew the drugs were there and you had control over them.
If the drugs were found in a shared car, a roommate’s house, or anywhere multiple people had access, the prosecution may not be able to prove possession beyond a reasonable doubt. This defense is especially strong in constructive possession cases where the drugs weren’t actually found on your person.
Honorary Mention: Chain of Custody Problems
Another defense we raise is chain of custody. From the moment the police seize evidence, the State has to prove how it was handled at every step. If the paperwork doesn’t add up, or if there are questions about how the evidence was stored or tested, we can move to have it excluded. Without reliable evidence, the State’s case often falls apart.
Why This Matters
Drug convictions in Mississippi carry serious penalties, including fines, probation, and prison time. But that doesn’t mean every charge leads to a conviction. With the right defense strategy, many drug cases can be beaten.
At McCormick Lawrence, PLLC, our team has handled thousands of criminal cases across Mississippi, and we know what it takes to protect your rights.
If you or a loved one has been arrested for drug possession, trafficking, or any other drug crime, call us today to schedule a confidential consultation with an experienced Mississippi drug defense lawyer.