In most states, being charged with the distribution of drugs is a serious offense. Because of this, it's important to hire a good drug defense attorney if you're charged with possession with the intent to deliver a controlled substance. With the help of a good attorney, it might be possible to get your drug trafficking charges dropped to a lesser charge so that you don't have to spend a long time in prison. Learn more about drug trafficking charges, and discover why you need a good drug defense attorney to defend you if you've been charged.
Common Defenses Used in Drug Trafficking Cases
In order to prove that a defendant should be charged with drug trafficking, the prosecutor needs to prove to the court that the defendant obtained, manufactured, or grew illegal drugs, and then, delivered or intended to deliver it to another person. This means in order for your lawyer to win the case, your lawyer needs to be able to prove that you either didn't possess the drugs at all or the you did possess them, but didn't intend to deliver them to other people. There are several defense strategies that your lawyer can take to prove this, including:
- You didn't possess a large enough quantity of the drug to distribute it
- The drugs found didn't belong to you
- You're a licensed professional, such as a medical doctor or pharmacist, who has the proper credentials to distribute drugs in good faith
- Law enforcement officials obtained the evidence unlawfully
- You had no intention of distributing the drugs to another person
If your lawyer can't prove that the drugs weren't your drugs, but he or she can prove that you didn't intend to distribute them, your charges might be decreased to "Possession of a Controlled Substance," which is typically a misdemeanor offense for first-time offenders.
Possible Penalties and Sentences
Most states consider drug trafficking a felony offense. If you're convicted of drug trafficking, you can spend anywhere from three years to life in prison -- even if it is the first time you've been charged. The amount of time you spend in jail depends on the type of drug you had in your possession, the amount of drugs found, and the drug classification. Because sentences for drug trafficking are so severe, it's typically in your best interest to hire an experienced criminal defense lawyer to argue your case.
If you are found guilty of drug trafficking, the prosecuting attorney can offer a plea bargain that drops your charges to a lesser charge in exchange for you giving the prosecuting attorney information that helps him or her win a case with a higher priority. However, a plea bargain isn't always an option.
The fact is, if you're facing drug trafficking charges, you could end up in prison for a long time. So, you should take the charges seriously and hire a good drug defense attorney to help you with your case. Contact a company like Kassel & Kassel A Group of Independent Law Offices for more information.Share