Three Kinds of Defenses to Drug Trafficking Charges

All criminal cases, including drug trafficking cases, begin with a presumption of innocence. That presumption alone is sufficient to acquit a defendant. If prosecutors have enough evidence to reverse that presumption, and that’s a big “if,” one of three defenses may still apply. These defenses reduce or eliminate the harsh direct and indirect consequences of a drug trafficking conviction.

Only a Leesburg criminal defense lawyer can reduce or eliminate these harsh direct and indirect consequences. An experienced lawyer evaluates your case and identifies all possible defenses, as outlined below. Then, a lawyer leverages those defenses during pretrial negotiations and, if necessary, at trial. Like you, a good lawyer isn’t satisfied with anything less than the best possible results under the circumstances.

Procedural

Police officers cannot randomly arrest drug trafficking suspects. They must follow procedural rules. If they don’t follow these rules, a Leesburg criminal defense lawyer can get a judge to throw the case out of court.

Unreliable informer tips and illegal interrogations are the most common procedural violations in Virginia drug trafficking cases.

A nosy neighbor’s anonymous tip about a possible drug transaction usually isn’t reliable. Attorneys can’t cross-examine anonymous tipsters and test their credibility. Confidential informant-provided tips are equally unreliable. Usually, these tipsters receive leniency in another matter or a substantial payment in exchange for the information they provide. Many people will say practically anything for love or money.

Incidentally, there’s a difference between accuracy and reliability. A broken clock is accurate twice a day, but a broken clock is unreliable.

Later, when officers arrive at the scene, they often immediately launch investigations without advising defendants of their Miranda rights, including the right to remain silent. If that happens, the judge could exclude any statements the defendant made, as well as the results of that preliminary investigation.

Substantive

As we like to say, there’s a big difference between an arrest and a conviction. Officers must have probable cause to arrest suspects. But prosecutors must establish guilt by any reasonable doubt to convict them. So, if a reasonable alternative theory is available, the evidence is often insufficient.

Inconsistent details are important. If a witness made a prior inconsistent statement in another context, such as on social media, a lawyer can erode the alleged victim’s credibility.

Lack of physical evidence could be an issue as well. Drugs and other physical evidence are inadmissible unless the state proves, beyond any reasonable doubt, all three elements of possession (close proximity, exclusive control, and actual knowledge). So, if officers make an arrest once the drugs have left the defendant’s possession, the charges may not hold up in court.

Affirmative

Coercion could be an affirmative defense in some drug trafficking cases. Basically, coercion is forcing people to do things against their will. That coercion is usually a subtle threat.

If one or more defenses might be available, a Leesburg criminal defense lawyer can usually convince prosecutors to reduce the charges to simple possession. This reduction counts as a win. The direct and indirect consequences of a misdemeanor are much less severe than the direct and collateral consequences of a felony.

Contact a Dedicated Loudoun County Lawyer

There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Virtual, home, and after-hour visits are available.