DEA Lawyers Share Tips for Preparing for Drug Crime Trials

Going to trial for a drug crime can be scary. The stakes are so high, and the laws can be complicated. As a defense lawyer who regularly represents people accused of drug crimes, I wanted to share some tips I’ve learned over the years to help you prepare.

Know the Laws Cold

There are a ton of state and federal laws related to drugs. You need to understand exactly what someone is being charged with, and what the elements of the crime are that the prosecution needs to prove. For federal charges, look carefully at the Controlled Substances Act and any relevant caselaw. For state charges, read the criminal statutes for your state. I keep printouts of the main laws with me to reference quickly.

Look Closely at the Evidence

The prosecutor has to share all their evidence with you during discovery. Look at the police reports, listen to audio recordings, and watch video closely. Take notes on any inconsistencies or holes you see. Weak spots in the evidence give you opportunities to raise reasonable doubt.

Research the Witnesses

Pay attention to who the prosecution is planning to call as witnesses. Do background checks on them. Look for any credibility issues you can raise on cross-examination, like a criminal record or bias against your client. Their testimony often makes or breaks the case.

Work with Experts

Get input from trusted experts like forensic scientists and medical professionals. Their specialized knowledge can help pick apart the prosecution’s evidence. For example, a pharmacologist can interpret drug test results. Experts can also bolster your defense theory.

Develop Your Theory of Defense Early

Figure out the narrative you want to tell the jury as soon as possible. Was your client entrapped? Was there mistaken identity? Were they unaware the substance was illegal? Build your case around a compelling defense theory.

File Smart Motions

Look for opportunities to file motions to suppress evidence or dismiss the case. If there was an illegal search, file a motion to suppress the evidence found. If the statute of limitations has expired, file to dismiss. Smart motions can get charges dropped or evidence thrown out.

Negotiate Aggressively

Prosecutors often start with harsh plea offers. Negotiate firmly for diversion programs, reduced charges, or probation if appropriate. Bring data on similar cases and sentencing trends. A good plea deal may be better than risking trial.

Connect with the Jury

Voir dire is your chance to shape the jury. Look for open-minded people you can connect with. In trial, make eye contact and speak conversationally. Jurors want to relate to you and your client as people.

Tell a Persuasive Story

Weave your defense theory into an engaging story that gives context. Use visuals, timelines and metaphors. Jurors remember stories better than boring facts. Make them feel something for your client.

Prepare Your Client to Testify

If your client testifies, prep them thoroughly. Do several mock cross-examinations. Make sure their story doesn’t change. Remind them to listen carefully and answer just the question asked without elaborating.

Highlight Reasonable Doubt

In closing argument, connect the dots for the jury. Review the inconsistencies in the evidence and weaknesses of the witnesses. Emphasize that if they have any reasonable doubt, they must vote not guilty.

Stay Organized

Keep all your documents and research neatly organized in a trial notebook or case management software. Include checklists of key tasks and deadlines so nothing falls through the cracks.

Take Care of Yourself

Trial preparation is exhausting. Make time to eat well, exercise, and rest. The mental strain can lead to burnout. Your health impacts your ability to mount the best defense for your client.

Preparing for a drug crime trial takes immense dedication. But going in armed with knowledge of the law, the evidence, and a sound defense theory gives you the best chance of success. Let me know if you need any help getting ready for trial.

References

Controlled Substances Act: https://www.dea.gov/drug-information