If convicted, the penalties can be severe, so if you’ve been arrested or charged with a federal drug crime, you need a criminal defense attorney experienced in how to beat federal drug charges.
There are legal defenses and strategies to fight federal drug charges. If you’re currently facing these charges, it’s essential for you to obtain legal counsel as soon as possible. Call (559) 691-6222 or click here to schedule a free consultation with Mark Broughton today.
What are Federal Drug Charges?
Before we get into how to beat federal drug charges, let’s start with what makes a drug case federal in the first place …
In general, drug cases can be prosecuted either at the state level or the federal level. Federal drug charges are typically brought when the alleged drug activity involves one of the following:
- Selling or manufacturing drugs
- Possession of large quantities of drugs
- Caught in possession of, using, selling, or manufacturing drugs on federal property
- Caught by a federal officer, such as a DEA (Drug Enforcement Administration) agent
- Caught with the help of an informant
- Crossing state lines or international borders
Drug charges also can be charged on a federal level when state and federal prosecutors make an agreement to do so.
How to Beat Federal Drug Charges
Now, let’s move on to some legal defenses and strategies for beating federal drug charges. Each case is different, so the best strategy for any case will vary depending on the facts and circumstances of the case.
Challenge the Evidence
One common strategy for defending against federal drug charges is to challenge the evidence. This might involve arguing that the evidence was obtained illegally, or that it is not admissible in court for some other reason.
For example, if the evidence was obtained through an illegal search or seizure, your criminal defense attorney might argue that it should be suppressed. This means it cannot be used as evidence against you.
A search or seizure is illegal when you or your property were searched without a valid search warrant, the search area exceeded what was specified on the warrant, or you were detained and searched unlawfully without probable cause.
Attack the Prosecution’s Case
Another strategy for beating federal drug charges is to attack the prosecution’s case. This might involve pointing out weaknesses in the prosecution’s evidence, or arguing that the evidence does not support the charges that have been brought.
For example, your defense attorney might argue that the prosecution has not proved beyond a reasonable doubt that you knew that the drugs in question were illegal.
Negotiate a Plea Deal
In some cases, it may be in your best interest to negotiate a plea deal with the prosecution. A plea deal involves the defendant agreeing to plead guilty to some or all of the charges in exchange for a more lenient sentence. This can be a good option if the evidence against you is very strong, or if you don’t want to risk a harsh sentence if convicted at trial.
Entrapment is a legal defense that can be used in drug cases. Entrapment occurs when law enforcement officials induce someone to commit a crime that they would not have committed otherwise.
For example, if an undercover agent poses as a drug dealer and coerces or harasses someone to buy drugs, that person may be able to argue that they were entrapped.
In order to use this as a defense, the coercion and harassment have to be at a level that would be hard for a reasonable person to refuse.
Argue Lack of Knowledge
Finally, if you had drugs planted on you without your knowledge, this also is a legal defense. You have to have known that you had drugs on your person to be guilty of drug crimes.
Lack of knowledge may also apply if you did not know that the drugs in question were illegal, if you thought the drugs were something else, or if you did not know that the activity you were engaged in was illegal.
Do You Need a Criminal Defense Attorney?
Beating federal drug charges requires a solid understanding of the law, the ability to mount a persuasive defense, and experience with these types of cases. If you have been arrested or charged with federal drug charges, you should seek legal counsel right away in order to protect your rights.
Mark Broughton is a criminal defense lawyer in Fresno with 40+ years of experience, and he will fight to get you the best possible outcome. He sees every individual’s situation with compassion and empathy. And he believes that every person has the right to a fair trial and is innocent until proven guilty.
If you are facing federal drug charges, call 559-691-6222 or click here to request a free consultation. We’ll get back to you right away.
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