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How can charges be dismissed when facing a drug conspiracy?
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How Charges Can Be Dismissed When Facing a Drug Conspiracy
Being charged with a drug conspiracy can be scary. The penalties are harsh, and it can feel like the deck is stacked against you. But there are ways to get the charges dismissed if you have a good defense attorney on your side. Let’s break down some of the common ways charges can be dismissed when facing a drug conspiracy allegation.
Lack of Evidence
Prosecutors need strong evidence to prove a drug conspiracy. That means they need proof that two or more people agreed to violate drug laws and took action to further the conspiracy. Just being present around drugs or drug activity isn’t enough to prove you were part of a conspiracy. The evidence has to specifically show you were an active, knowing participant.
If the evidence against you is weak, your attorney can file a motion to dismiss for lack of evidence. For example, in U.S. vs. Salmon, the court dismissed a conspiracy charge because the defendant’s presence around drug activity didn’t prove he was part of the conspiracy. Prosecutors need more than just presence or association to link you to the conspiracy.
Entrapment
A conspiracy dismissal can also happen if you were entrapped. This means law enforcement induced you to commit a crime you otherwise wouldn’t have. Common examples include undercover cops pressuring you to buy or sell drugs.
Entrapment is a valid defense because the government can’t manufacture crime and then punish you for it. Your lawyer will look for evidence of entrapment, like records of an informant pressuring you, and file a motion to dismiss on that basis. For example, in People vs. Isaacson, the court dismissed a drug charge because an undercover cop used intimidation and appeals to sympathy to push the sale.
Invalid Warrant
Another dismissal strategy is attacking the validity of a search warrant. If evidence against you was obtained illegally by an invalid warrant, your attorney can file a motion to suppress that evidence. This can sometimes get the whole case dismissed.
Warrants can be invalidated for reasons like lack of probable cause, misleading information on the affidavit, or procedural errors by police. In U.S. vs. Loera, for example, a conspiracy charge was dismissed because the warrant lacked probable cause connecting the premises to drug activity.
Statute of Limitations
Drug conspiracies also have time limits for prosecution. The statute of limitations is usually around 5 years. If the alleged conspiracy occurred beyond that time frame, the charges can potentially be dismissed as untimely.
The clock starts running when the last alleged overt act was committed. So even if a conspiracy lasted years, the statute is based on the most recent act. In U.S. vs. Grimm, for instance, the court dismissed a case filed 6 years after the final act. Checking the dates is important.
Withdrawal From the Conspiracy
Another dismissal strategy is showing you withdrew from the conspiracy before the statute of limitations expired. This can stop the clock and prevent prosecution.
To withdraw, you have to show affirmative acts inconsistent with the conspiracy, like reporting it to police. And you have to make reasonable efforts to neutralize the conspiracy. In U.S. vs. Nerlinger, the defendant withdrew by reporting the scheme and ceasing communication with co-conspirators. His charges were dismissed as untimely.
Immunity Agreement
Finally, charges can be dismissed if you had an immunity agreement with the government. This protects you from prosecution in exchange for cooperation. If you held up your end but get charged anyway, your attorney can file to dismiss based on immunity.
In U.S. vs. Plummer, for example, the court dismissed charges because the defendant had an immunity agreement for her testimony. Even co-conspirator statements made before an immunity deal must be excluded. This can sink the prosecution’s case.
Consult an Experienced Attorney
The bottom line is skilled defense lawyers know how to get conspiracy charges dismissed pre-trial. Don’t go it alone. Consult an experienced criminal defense attorney and explore your options. An attorney can review the evidence, identify issues like entrapment or invalid warrants, and file motions to dismiss if you have a strong defense. Don’t wait – charges like these are time sensitive. Meet with a lawyer as soon as possible after an arrest to start fighting for dismissal or acquittal.