Tips from DEA Attorneys on Beating Federal Drug Trafficking Charges

Tips from DEA Attorneys on Beating Federal Drug Trafficking Charges

Getting charged with federal drug trafficking can be scary. The penalties are harsh, and it can feel like the odds are stacked against you. But having an experienced defense on your side can make all the difference. I talked with several attorneys who regularly defend clients facing federal drug charges, and they shared their top tips for beating these cases.

Understand Exactly What You’re Up Against

The first thing your attorney will do is take a close look at the specific charges against you. There are a lot of federal drug statutes, each carrying different penalties. Your lawyer needs to analyze the case and evidence to build the best defense strategy. For example, they’ll determine if you’re facing conspiracy charges, which can mean harsher punishments.

Look Closely at How the Evidence Was Obtained

Illegal searches, lack of probable cause, faulty warrants – there are many ways cops sometimes mess up investigations. Your attorney will scrutinize the evidence for any openings to get key pieces thrown out. This could destroy the prosecution’s case. My sources said looking for Fourth Amendment violations is one of the best ways to beat federal drug trafficking charges.

Negotiate for a Plea Deal

Very few federal cases actually go to trial. An experienced attorney will negotiate aggressively with prosecutors for a favorable plea agreement. This depends on the amount and type of drugs and your criminal history, but often substantial sentencing reductions are possible. One key is getting the drug quantity downgraded. Even a small change can mean years less prison time.

Explore “Safety Valve” Sentence Reductions

For defendants with little or no criminal history facing federal drug trafficking sentences, the “safety valve” can provide major relief. If specific requirements are met, judges can impose sentences below the mandatory minimums. Qualifying for safety valve is complex, so having an attorney experienced with the process is critical.

Challenge the Drug Type and Weight

The government has to prove the exact type and weight of the drugs involved. But lab tests aren’t always accurate, and weights can be disputed. If your lawyer successfully challenges the drug type or weight, it can greatly reduce sentencing exposure. My sources said attorneys dig deep on the forensics to find openings for attacking drug ID and quantity evidence.

Claim You Were Just “Muling” the Drugs

“Muling” means transporting or delivering drugs for someone else. While muling is still illegal, it is considered less serious than actually selling drugs. An experienced attorney may be able to convince prosecutors or the court to reduce charges if you were acting at the direction of others higher up in the organization.

Go After the Informant’s Credibility

Many federal drug cases rely heavily on informants who provide tips and testimony in exchange for leniency. Skilled defense attorneys dig into these informants’ backgrounds to find anything that could undermine their credibility. Once their reliability is questioned, the case against you starts to fall apart.

Allege “Sentencing Entrapment”

This defense claims that overzealous cops or informants illegally inflated the drug quantity just to increase the charges against you. This is sentencing entrapment, and while tricky, it can convince the court to reduce the drug amount used for sentencing.

Challenge the Federal Court’s Jurisdiction

Believe it or not, federal courts have to follow strict rules to take jurisdiction over drug cases. Experienced attorneys analyze the investigation timeline to ensure federal jurisdiction was established properly. If not, the case could get kicked over to state court where penalties are often less severe.

The bottom line is an experienced federal drug defense attorney has many tools to get charges reduced or dismissed. Building an effective strategy takes creativity and attention to detail. So if you’re facing federal drug trafficking charges, make sure to have a skilled lawyer on your side. It could save you decades behind bars.