On behalf of Michael A. Gottlieb, P.A. posted in drug trafficking on Friday, July 27, 2018.
A drug trafficking charge is far more serious than a basic possession charge, simply because the nation’s drug laws can be draconian. They impose long, mandatory jail sentences on anyone who is convicted — no matter what the circumstances.
Defense strategies are extremely important in drug trafficking cases, so make certain that you discuss the specifics of your situation with your defense attorney — and no one else. (You certainly don’t want to discuss how you ended up in your situation with the police, for example.)
Once your defense attorney better understands how you came to be charged, he or she can help you plan a defense. Some possible defenses to drug trafficking charges include:
You were unaware of the drugs
For example, you had no idea the drugs were in your possession when you transported them across the border on the way home from your vacation in Mexico. Drug smugglers sometimes trick innocent people into transporting their drugs for them in clever ways. If you didn’t have any knowledge of the drugs, that might defeat the charges.
The search that led to the drugs was illegal
You have certain rights to privacy that the police cannot legally violate unless they have a warrant that gives them permission or certain special circumstances apply. If, for example, an officer saw the drugs after stepping into your home uninvited (or over your protests), that could be an illegal search.
You had no intent to distribute the drugs
Intent is a big part of the charge. You may have been charged with trafficking simply because of the quantity of drugs found in your possession. If the drugs were all intended for your personal consumption because you have an addiction, that’s a valid defense.
If you are facing drug trafficking charges, it’s important to be completely honest with your defense attorney. He or she cannot plan a good defense strategy without the information you can provide.