Potential Defenses to Drug Trafficking Charges

 Posted on April 17,2017 in Drug Charges

News stories are limitless around the country about law enforcement cracking down on drug crimes. This crackdown goes all the way to the top with President Trump announcing his intentions to be “ruthless” in his determination to put an end to drug trafficking. The issue with so-called ruthless behavior is it results in hoards of innocent individuals facing false accusations of breaking the law. Federal, state, and local law enforcement utilize all of their resources building cases. Anyone accused should remember that charges do not mean a conviction and the government has the burden of proving guilt. When the circumstances were right, the following defenses have worked for defendants. Remember, these defenses are not for all circumstances and consulting an attorney is advisable to create a strategy for your unique situation.

A Case of Being at the Wrong Place at the Wrong Time.

Drug trafficking typically involves large groups of people or organizations. When arrests are made, many innocent individuals get tied up in the arrest due to the association. We all know that just because we associate with someone does not mean we have their same behavior. With alibis and proof of no affiliation with the crime, this defense may be possible for your case.

No Prior Knowledge of Trafficking Activities

Criminals are not strictly deceptive to police and law enforcement, attempting to hide their behaviors, but also to friendly innocent individuals. Many times, unsuspecting people find themselves under arrest for large quantities of prohibited substances in their car, without having any knowledge of its existence. An attorney can help prove your innocence, because, without any knowledge, you broke no laws.

No Intention

If your charge is drug possession with intent to distribute, it is broken down into two separate parts: possession and intent. Drug possession is much less severe than distribution. One possible avenue to have charges reduced or dropped may be to prove that there was no intent to distribute the drugs, resulting in less severe penalties.

The Police Did Not Have Probable Cause or a Warrant

Laws are set in place to protect the public against criminals as well as against unchecked power. With this, police must also abide by a set of regulations requiring probable cause or a search warrant before any search or seizure. Without either, your attorney may request a motion to suppress hearing, where illegal searches make the evidence is no longer admissible, and a judge may drop the charges entirely.

An Attorney Can Help

Drug trafficking convictions carry harsh penalties. The goal is to avoid these long-lasting consequences at all costs. It is imperative that you speak with a knowledgeable attorney to discuss your case. The right lawyer can assist you in finding evidence to prove your innocence entirely or to reduce the charges. If you are interested in discussing your case with a Stamford, CT drug charge attorney, contact the Law Offices of Daniel P. Weiner today by calling 203-348-5846 to schedule your free initial consultation.

Sources:

https://www.jud.ct.gov/lawlib/law/drugs.htm

https://www.cga.ct.gov/2013/rpt/2013-R-0342.htm