Tips from DEA Attorneys on Beating Federal Drug Trafficking Charges

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Tips from DEA Attorneys on Beating Federal Drug Trafficking Charges

Getting charged with a federal drug trafficking crime can be scary. The penalties are harsh, and the federal prosecutors have lots of resources to build their case against you. But having an experienced criminal defense attorney on your side can make all the difference. Here are some tips from former DEA attorneys on how to beat federal drug trafficking charges:

Understand the Charges

The first thing your attorney will do is look closely at the specific charges against you. There are many different federal drug statutes that could apply, each with different elements that the prosecution must prove. Some laws require intent to distribute, others are based on the quantity of drugs involved. Your attorney will analyze the charges to identify potential weaknesses in the government’s case 1.

Challenge the Evidence

A good defense attorney will scrutinize all the evidence against you. They’ll look for improper searches, faulty lab tests, unreliable informants, and missing chain of custody records. Any holes in the evidence can raise reasonable doubt about your guilt 2.

Your lawyer may file motions to suppress evidence or dismiss charges if your rights were violated.

Negotiate with the Prosecutor

An experienced federal drug crimes lawyer has likely worked with the prosecutors before. They can negotiate firmly but tactfully, using their familiarity to secure a better plea deal or even get charges dropped. A good lawyer knows what arguments will motivate the prosecution 3.

They’ll highlight weaknesses, play to the prosecutor’s self-interest in their conviction rate, and remind them that trials are time-consuming.

Explore Alternative Charges

Getting the charges reduced is often the best outcome. Your attorney will look creatively for ways to reframe the allegations against you. For example, they may argue you were just a drug user rather than a trafficker, or that your role was so minimal you qualify for a “mitigating role” reduction 4.

Even getting certain enhancements dropped can help reduce your sentence.

Challenge the Informants

Turning government informants is a common tactic in federal drug cases. But informants are often compensated for their cooperation and not the most credible witnesses 5.

Your lawyer will investigate the background of any informants testifying against you. If they have a history of dishonesty or were paid for their testimony, it undermines their credibility.

Highlight Sentencing Factors

Federal sentencing follows strict guidelines, but judges have some discretion. Your attorney will present mitigating factors like your minimal criminal history, family obligations, health conditions, or record of employment. Reminding the court of your humanity can help secure a more lenient sentence.

Consider a Trial

While federal drug trafficking cases rarely go to trial, it may sometimes be your best option. For instance, if the evidence against you is weak, your lawyer may recommend taking it to trial rather than accepting a bad plea deal. Or if you’re facing a very long sentence, you may have nothing to lose. An experienced trial lawyer can effectively argue your case to a jury.Having an assertive defense lawyer who knows the federal system is crucial. While beating federal drug trafficking charges is an uphill battle, an excellent attorney who thoroughly understands these cases can give you the best possible chance. With persistence and creativity, they may get charges dismissed, reduced, or secure a favorable plea bargain or lenient sentence. So don’t go through this fight alone – make sure you have experienced legal firepower on your side.