Orlando Law Firms Describe How to Beat Drug Manufacturing and Distribution Charges

Being charged with drug manufacturing or distribution in Orlando can lead to serious consequences, including long prison sentences and hefty fines. However, experienced Orlando defense attorneys say there are ways to fight these charges and potentially avoid conviction. This article provides an overview of common strategies and defenses Orlando law firms use to beat drug manufacturing and distribution charges.

Challenging the Search and Seizure

One of the most common ways Orlando lawyers attack drug charges is by challenging the legality of the search and seizure. The Fourth Amendment protects citizens from unreasonable searches and seizures, so if the police violated those rights in obtaining evidence, the evidence can be suppressed.

For example, if the police searched your home or car without a valid warrant and found drugs, an attorney could argue the search was illegal. Any evidence from that search, including the drugs themselves, may be inadmissible in court. This could cause the case to be dismissed entirely.

Orlando defense lawyers like Corey Cohen say it’s crucial to analyze the facts around the search and seizure to identify any potential Fourth Amendment violations. Even if the police had a warrant, attorneys look closely to ensure it was valid and executed properly.

Attacking the Validity of Drug Tests

Field drug tests and lab tests can form the backbone of drug possession and distribution charges. However, Orlando defense attorneys point out these tests are not foolproof; false positives do happen.

By scrutinizing the drug testing process and results, lawyers may be able to show the tests were faulty. Contamination of samples, improper testing procedures, and errors in reporting results are some ways a test could be inaccurate. If the test is found unreliable, it cannot be used as evidence of a drug crime.

Attorney Michael Panella also notes that people should never consent to a field drug test. The tests conducted roadside or during traffic stops are notoriously unreliable. Refusing this “evidence” from the start makes it easier to fight the charges down the road.

Questioning the Chain of Custody

The chain of custody refers to the documentation showing who handled a piece of evidence at each step. With drugs, the prosecution must prove the drugs presented in court are the exact ones seized from the defendant.

By scrutinizing the chain of custody records, Orlando defense lawyers look for gaps or irregularities. If the drugs could have been tampered with or mixed up along the way, it raises reasonable doubt about their connection to the defendant. Attorneys can then argue this evidence should be excluded at trial.

Using Affirmative Defenses

Florida recognizes certain affirmative defenses that essentially admit the defendant committed the alleged acts, but argue those acts should be excused under specific circumstances. Common affirmative defenses to drug charges include:

• Medical necessity – Arguing the drugs were possessed or distributed to treat a serious medical condition. Defendants must show they had an objectively reasonable belief the drug was necessary to prevent or alleviate suffering.
• Involuntary intoxication – Claiming the defendant unknowingly ingested an intoxicating substance through trickery, force or accident. This could apply if someone was unknowingly given drugs and then appeared intoxicated in public.
• Entrapment – Arguing the defendant was induced by police to commit a crime they otherwise wouldn’t have. The defense is difficult to prove, requiring evidence of police coercion and lack of predisposition by the defendant.
• Duress – Claiming the illegal acts were committed under threat of serious harm or death. Defendants must reasonably believe they or loved ones were in true imminent danger.

Orlando defense attorney Mark Horwitz says affirmative defenses allow defendants to take responsibility for their actions, while explaining the special circumstances that mitigate their culpability.

Negotiating Pleas or Sentencing Alternatives

Rather than take a case to trial, Orlando lawyers often negotiate with prosecutors for reduced charges or sentencing alternatives. Options may include:

• Plea to lesser charges – Pleading guilty to simple drug possession instead of trafficking or distribution. This carries lower penalties and avoids some mandatory minimums.
• Pre-trial diversion – Completing a rehab program in exchange for charges eventually being dropped. Defendants must prove amenability to treatment and change.
• Deferred prosecution – Charges are dismissed after completing probation and other court-ordered conditions. Defendants must stay out of trouble during the deferral period.
• Minimum mandatory waivers – Waiving any applicable mandatory minimum sentences as part of a plea deal. This requires cooperation with prosecutors, such as providing substantial assistance in other cases.

While avoiding trial through a plea bargain involves admitting guilt, Orlando defense attorneys say it can be the most pragmatic option in many drug cases. The outcome is often more favorable than risking conviction at trial.

Challenging the Drug Quantity

In drug manufacturing and trafficking cases, the quantities involved have a huge impact on potential sentences. Even small differences in drug weight can mean the difference between prison time and probation.

Orlando defense lawyers thoroughly examine the drug quantity calculations to identify any potential errors. If the weight appears inflated, attorneys demand additional testing or argue the amount should be reduced. Since sentences are tied to drug quantity, shaving off even a few grams or ounces can help lower the penalty.

Arguing Lack of Criminal Intent

To convict on drug manufacturing and trafficking charges, prosecutors must prove the defendant knowingly and intentionally committed the crime. Orlando defense attorneys look closely for evidence raising doubts about the defendant’s mindset.

For example, a defendant caught driving a car with hidden drugs may argue they had no knowledge of the drugs. If the drugs belonged to someone else, it weakens the prosecution’s case for intentional possession, manufacturing or trafficking.

By casting doubt on criminal intent, the defense can undermine the prosecution’s case and potentially achieve an acquittal.

Fighting Criminal History Enhancements

Prior drug convictions can trigger sentence enhancements that add years to a sentence. However, Orlando defense lawyers scrutinize prior convictions to ensure they are valid for enhancement purposes.

Attorneys look for procedural errors, constitutional violations, and other problems that could invalidate a prior conviction. If a conviction is found improper, the court cannot use it to enhance the current sentence. This can result in substantially lower sentencing exposure.

Conclusion

Facing drug manufacturing and distribution charges in Orlando can be frightening, but experienced defense attorneys have tools to thoroughly analyze the prosecution’s case and identify weaknesses. By leveraging these strategies, Orlando law firms help many clients avoid the most serious penalties and consequences of drug convictions.

Anyone charged with manufacturing or distributing drugs in Orlando should retain skilled legal counsel immediately. An attorney can evaluate your options and develop the strongest defense strategy for your unique circumstances. Don’t leave your fate to chance – fight back with the help of a trusted Orlando drug defense lawyer.