How Can You Challenge Evidence in a Drug Crime Case?
Sept. 11, 2025
Being charged with a drug crime can feel overwhelming and isolating. Whether it’s possession, distribution, or manufacturing, these charges can put your future, your freedom, and your reputation at risk.
What’s worse is when it feels like the evidence is stacked against you. At Watkins Law Firm LLC, I’ve helped clients in Boulder, Longmont, Louisville, Lafayette, and Broomfield, Colorado, protect their rights and fight back against serious drug charges.
My job is to uncover the flaws in the prosecution’s case and help you defend yourself confidently. One of the most important parts of fighting drug charges is knowing that the evidence isn't always as solid as it seems.
If you or someone you care about has been accused of a drug-related crime, there are strategic ways to challenge the evidence being used against you. You don’t have to go through this alone. Reach out to me, Attorney Jennifer Watkins, so I can review your case and help protect your future.
What Counts as Evidence in Drug Crime Cases?
Before I can challenge the evidence, I need to know what types of evidence are typically presented in a drug case. Prosecutors often rely on physical items, statements, surveillance, and digital records. Each of these can be questioned.
Common forms of evidence include:
Physical substances: Any drugs allegedly found in your possession, car, or home.
Paraphernalia: Items such as pipes, scales, or baggies that prosecutors might argue suggest intent to distribute.
Witness statements: This could include testimony from law enforcement officers or other parties.
Digital evidence: Texts, emails, or social media that may be interpreted as communication about drug sales or purchases.
Video or photo surveillance: Footage that allegedly shows illegal activity.
Lab results: Chemical tests confirming the identity of the substance involved.
While these may seem convincing, every type of evidence is subject to scrutiny. In my experience, errors, assumptions, or rights violations can often significantly weaken the prosecution’s case.
Suppressing Evidence Obtained Through an Illegal Search and Seizure
One of the most common ways to challenge drug evidence is by questioning how it was obtained. If law enforcement violated your Fourth Amendment rights, that evidence might be inadmissible in court.
Key ways a search may have been unlawful include:
No valid warrant: Police entered your home or searched your property without a proper warrant or legal exception.
Faulty warrant: The warrant was based on misleading or false information.
Exceeded warrant scope: Officers searched areas or seized items not authorized in the warrant.
No probable cause: A search was conducted without a warrant or a valid reason to believe a crime had occurred.
Improper traffic stop: Drugs found after a stop that shouldn’t have happened in the first place.
When evidence is obtained illegally, I can file a motion to suppress it, which could result in the dismissal of some or all of the prosecution's evidence. That could be a game-changer in your case.
Questioning Drug Possession and Control
Even if drugs were found near you, that doesn't automatically mean they were yours. Prosecutors must prove that you had actual or constructive possession of the substance.
Some points I may investigate in these situations include:
Who actually owned the property? If you were riding in someone else's car or staying at someone else’s home, the drugs may not have been yours.
Were there multiple people nearby? If the drugs were in a shared space, it’s often hard to prove one person’s possession.
Did you know the drugs were there? Knowledge is critical in a possession case—without it, the charge might not hold.
Was there evidence of control? Being near drugs isn’t the same as having control over them.
If there's a reasonable doubt about whether you had possession or control, I can use that to challenge the charge head-on.
Challenging Drug Test Results and Lab Procedures
Lab reports are often viewed as solid proof, but they’re not immune to error. Testing procedures must follow strict protocols. When those protocols are broken—or when the labs cut corners—it's possible to cast serious doubt on the reliability of the results.
Some common issues I’ve seen with lab testing include:
Contamination of evidence: Drugs can be tainted or mislabeled at any stage of handling.
Poor documentation: Missing chain-of-custody records can raise questions about how evidence was handled.
Outdated or broken equipment: Testing machines must be calibrated and maintained. Failure to do so can lead to false positives.
Unqualified personnel: Lab workers need proper training and certification.
Misidentification of substances: Sometimes, legal substances are mistaken for illegal ones.
A thorough review of the lab process can reveal opportunities to challenge the scientific evidence being used against you.
Disputing Informant Testimony
Testimony from informants can be risky for the prosecution. These witnesses often have their own motives—like cutting a deal or avoiding charges—and their credibility is easy to question with the right approach.
I may take informant testimony with a grain of salt because:
They may be working for a deal: Informants might say what the police want to hear in exchange for leniency.
They may have a criminal record: Past convictions can make jurors question their honesty.
Their stories can change: Inconsistencies in their statements can hurt their credibility.
Lack of physical evidence to support claims: If there’s no audio, video, or tangible evidence backing up the informant’s story, it’s much weaker.
As your drug crime attorney, I’ll investigate the background of any informants in your case to see if their testimony can be undermined or discredited.
Examining Police Conduct During the Arrest
Law enforcement officers must follow strict rules during arrests and investigations. Failure to do so could impact the validity of the evidence they collect or even the charges themselves.
Red flags I look for in officer behavior as a drug crime attorney include:
Failure to read your Miranda rights: If you weren’t told about your right to remain silent or to an attorney, your statements might not be admissible.
Excessive force or misconduct: Physical abuse or threats can lead to rights violations.
False statements in reports: Inaccuracies or exaggerations can be exposed during cross-examination.
Failure to follow protocol: If officers didn’t follow proper arrest or booking procedures, it may open the door for challenges.
As your trusted drug crime attorney, I’ll request all relevant reports, dashcam or bodycam footage, and interview statements to uncover any misconduct that could support your defense.
Presenting Alternative Explanations
In some cases, the best possible defense isn’t just about tearing down the prosecution’s case—it’s about presenting a more believable explanation. This strategy can work especially well when the evidence is circumstantial.
Some possible alternative explanations I may explore include:
The drugs belonged to someone else.
You didn’t know the substance was illegal.
You were set up or tricked into possession.
You were coerced or under duress.
The item wasn't a drug at all.
Even if you feel the facts are against you, building a believable and supported alternative narrative with the help of an experienced drug crime attorney like me, Attorney Jennifer Watkins, may shift how a judge or jury views your case.
Get in Touch With a Trusted Drug Crime Attorney
If you’re facing drug crime charges in Boulder, Longmont, Louisville, Lafayette, or Broomfield, don’t assume that the evidence against you is unshakable. Every piece of evidence can and should be scrutinized. And that’s exactly what I do at Watkins Law Firm LLC.
You need someone who’ll dig into every detail, stand by you in court, and challenge weak or improperly obtained evidence. Your future is too important to leave to chance. Whether this is your first offense or you’ve been through the system before, I’m ready to help you fight for a positive outcome.
Reach out to me at Watkins Law Firm LLC today, and let’s start building your defense.