Possession of narcotics is a serious crime in the Turkish Penal Code and can have serious consequences. Determining the right defense strategies for people accused of this crime is of great importance in terms of reducing the sentence or acquittal. As Özkök Law Firm, in this article, we will discuss in detail the defense strategies frequently used in the crime of possession of narcotics and the steps that can be followed in this process.
1. Evaluation of the Elements of the Crime
• Evidence Strength Regarding the Substance: Factors such as the amount, type and purity of the substance found determine the severity of the crime.
• Manner of Possession: Whether the substance was found on the person, in their home or somewhere else affects the nature of the crime.
• Role of the Person: Questions such as why the person possessed the substance, whether they were the seller, user or carrier determine the defense strategies.
2. Defense Options
• Defenses Regarding the Substance:
o Claiming that the substance did not belong to the person, was stolen or planted.
o Documenting that the substance was used for medical purposes.
o Claiming that the substance is not a drug but was mixed with another substance.
• Procedural Defenses:
o Claiming situations such as a show arrest or irregular search.
o Stating that an error was made in the collection and evaluation of evidence.
• Mitigating the Conditions of Sentence:
o Showing repentance and regret.
o Claiming that there were compelling reasons for committing the crime.
o Stating that there is no previous criminal record.
3. Getting Legal Assistance
• Working with an Experienced Lawyer: A lawyer who specializes in drug crimes will develop a personalized defense strategy and make an effort to reduce the sentence or obtain an acquittal.
• The Role of the Lawyer:
o Examining and evaluating the evidence.
o Representing the client in court.
o Assessing the risk of going to prison and taking the necessary precautions.
4. How Does the Process Work?
• Investigation Phase: The suspect’s statement is taken, evidence is collected.
• Indictment Phase: The prosecutor’s office prepares an indictment based on the collected evidence.
• Court Stage: Hearings are held, defenses are presented and decisions are made.
