How to Defend Yourself from Section 5 of RA 9165

Section 5 of the Comprehensive Dangerous Drugs Act of 2002 (RA 9165) imposes penalties for the sale, trading, administration, dispensation, delivery, distribution and transportation of dangerous drugs and/or controlled precursors and essential chemicals. The penalties vary depending on the type of drug involved, the quantity of the drug, and whether the offense was committed near a school or involved minors or mentally incapacitated individuals.

If you are accused of violating Section 5 of RA 9165, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and your options for defending yourself.

The attorneys at Respicio & Co. Law Firm have extensive experience defending clients who have been accused of drug offenses. We will work hard to protect your rights and to get the best possible outcome for your case.

Here are some of the ways you can defend yourself from Section 5 of RA 9165:

Challenge the admissibility of the evidence against you. The prosecution must prove that you committed the offense beyond a reasonable doubt. If the evidence against you is weak or inadmissible, you may be able to have the charges dismissed.
Raise a defense of entrapment. Entrapment occurs when the police or other law enforcement officers induce you to commit a crime that you would not have otherwise committed. If you can prove that you were entrapped, you may be able to have the charges dismissed.
Claim that you were acting under duress or coercion. If you were forced to commit the offense against your will, you may be able to argue that you are not guilty by reason of duress or coercion.
Claim that you were not aware that the drug was illegal. If you did not know that the drug you were selling or possessing was illegal, you may be able to argue that you are not guilty of a crime.
Claim that you were a mere user of the drug and not a dealer. If you were only using the drug for personal consumption and not selling or distributing it, you may be able to argue that you are not guilty of a crime.

In addition to the defenses listed above, you may also be able to challenge the constitutionality of Section 5 of RA 9165. For example, you may argue that the law violates the right to due process or the right against self-incrimination. However, these challenges are often difficult to succeed, and you should speak with an attorney to discuss your chances of success.

If you are accused of violating Section 5 of RA 9165, it is important to seek legal counsel as soon as possible. An attorney can help you understand the charges against you and your options for defending yourself.

Contact Respicio & Co. Law Firm

If you are accused of violating Section 5 of RA 9165, it is important to contact an experienced criminal defense attorney as soon as possible. The attorneys at Respicio & Co. Law Firm have extensive experience defending clients who have been accused of drug offenses. We will work hard to protect your rights and to get the best possible outcome for your case.

We are here to help.