Drug trafficking

Drug trafficking involves the transportation and distribution of illegal drugs or a controlled substance without the proper legal license or permission to do so, i.e., doctor or licensed courier transporting prescription drugs. Examples of controlled substances and illegal drugs include but are not limited to anabolic steroids marijuana, cocaine, ecstasy, amphetamines, LSD and heroin. 

Federal and state drug trafficking laws vary based on the jurisdiction and circumstances. Drug trafficking is always treated as a felony but it is often treated as a more serious offense when greater quantities or more severely restricted drugs are involved. Penalties also vary according to the geographic area of distribution, as well as whether minors were targeted or where the drugs were eventually sold.

Defenses Against Drug Trafficking Charge

The most common approach to drug trafficking charges is to get the case dismissed or the charges substantially reduced without a trial. Most of pre-trial defense strategies center on the suppression or handling of evidence.

Such defense strategies against drug trafficking charges can include:

• Citing an illegal search and seizure which violated your Fourth Amendment rights. Police must have “probable cause” to search you, your home or your vehicle.
• Arguing that the drugs were planted on you by law officers. While this is a rare claim, it’s certainly a valid defense if it can be proven.
• Arguing that you weren’t aware you were in possession of drugs, which belonged to someone else. Perhaps you were given a package to deliver or clothing to wear and didn’t know that they contained drugs.
• Discrepancies between the purity of the drugs cited in the arrest and the analysis of the drugs by a crime lab.
• Citing missing evidence between the times of arrest and trial. Only drugs taken at the crime scene can be admitted as evidence at trial.
• Citing that a defendant was threatened with bodily injury or death unless he or she trafficked drugs for someone else. This defense is known as duress.
• Arguing that the defendant was among a group of drug traffickers during an arrest but didn’t actually possess any such drugs himself or herself.

Because of the severity of the crime and its political salience, drug trafficking will often lead to federal prosecution. This is the reason why the federal government has dedicated an entire agency to combating drug distribution in the DEA.

The ideal outcome in your case would be to have charges dismissed and failing this, go to trial and receive a not guilty verdict. However, drug distribution charges are often accompanied by other charges or multiple counts, each of which carry the risk of further criminalization and other sentences.

In the unfortunate event that it is not possible to disprove an accusation of drug trafficking against you, we ca still have your sentence reduced to a minimum. The inherent complexities of drug trafficking cases allow for many opportunities to negotiate a plea bargain. 

Source: walkfreelaw

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