Facing a federal drug charge is downright scary. Federal drug charges are very serious, and if you’re found guilty, it could result in a lengthy prison sentence. Fortunately, with the help of a lawyer, you may be able to build a good defense for your federal drug charges.
But what does a good defense look like?
Federal vs. State Cases
Most cases related to drugs are going to be processed at the state level. As you might imagine, federal drug cases are much more serious, typically carrying steeper penalties.
So what makes a drug charge federal?
These are some of the circumstances that can turn your drug charge into a federal one:
· Cross-state illegal activity.
· Illegal importing or exporting across U.S. boundaries.
· Crimes on federal property.
· Investigations or arrests by federal agencies (e.g., the FBI, the DEA, the ATF, etc.).
· International investigations.
· Inordinately large volumes of drugs.
· Aggravating circumstances, including violence during arrest.
· Previous convictions.
Common Defenses in a Federal Drug Case
If you’re facing federal drug charges, you’re incentivized to defend yourself in most cases. With a good defense, you may be able to get your charges completely thrown out, or you might be able to significantly reduce your penalties if and when found guilty.
These are some of the most common and effective defenses:
· Illegal searches and/or seizures. American citizens have a right against unnecessary or unwarranted searches and seizures. Even if it can be proven that you had drugs in your possession, if law enforcement officers searched you or seized those drugs improperly, the charges may no longer be relevant.
· Broken chain of custody. Mishandling, mislabeling, or improperly storing evidence can also help you avoid a conviction and/or a lengthy prison sentence. It is imperative for police officers and investigators to preserve evidence in a pristine, unimpeachable way. If they fail to do this, the integrity of the evidence can be called into question.
· Improper drug testing. Drug testing must similarly be carried out in a very precise, methodical way. Improper drug testing could set you up to have your charges dropped.
· Weak evidence. Cases are built on evidence. If you can undermine the quality or integrity of that evidence, you can be successful in your defense. This requires federal defense attorneys to pinpoint weak evidence and provide counterevidence to prove its lack of validity or reliability.
· Questionable DNA analysis. DNA analysis is sometimes crucial in federal drug charges, but it’s possible for this analysis to be completely mishandled. If you can prove this, or even strongly suggest this, the DNA evidence may be removed from consideration.
· Missing pieces of information. Sometimes, it’s possible to defend a person simply by pointing out missing pieces of information or missing pieces of the overall puzzle. If there’s enough doubt as to what actually happened, the defendant will generally not be convicted.
· Biased, bribed, or otherwise unreliable witnesses. Witness testimony is sometimes a necessary ingredient in federal drug convictions. However, if you can show that witnesses are unreliable because they are extremely biased, because they’ve been bribed, or because their memory isn’t sharp enough, you can have this testimony thrown out.
· Unknown or unproven drug quantities. If you can cast doubt on the quantity of drugs involved, it’s possible to get the charges dropped as well. This is easy to do if the drugs weren’t seized, measured, or stored correctly.
· Improper charges. Sometimes, the best defense is to point out that the charges are inaccurate or otherwise inappropriate. This may involve fighting for reduced charges, or having the charges eliminated entirely.
Additionally, in drug conspiracy cases, federal defense attorneys can sometimes show that the defendant never entered an agreement, that the agreement was for something different than what is alleged in charges, or that the defendant withdrew from participation or never truly intended to follow through with the agreement.
The Value of Working With a Lawyer
It’s almost impossible to mount this type of defense on your own, and even if you could do it, it’s probably not the best idea. Instead, it’s in your best interest to work with the most experienced, knowledgeable lawyer you can; federal drug defense lawyers are experienced professionals who know what they’re doing and can give you the best possible chances of getting your charges dropped. You should be working with a criminal defense lawyer from the moment you’re arrested, but if you’ve already missed that initial opportunity for immediate consultation, you should still hire a lawyer as soon as possible.
Federal drug charges are difficult to manage, but it’s certainly not impossible to get those charges dropped. With professional support and patience, you can eventually find yourself in a much better position.
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