DEA Lawyers Share Tips for Preparing for Drug Crime Trials

Preparing for Drug Crime Trials: Tips from Experienced DEA Lawyers

Defending clients accused of drug crimes can be challenging, but with thorough preparation, creative legal arguments, and compassion for your client, positive outcomes are possible. As former DEA lawyers who have both prosecuted and defended hundreds of drug cases, we want to share insights that can help guide defense lawyers new to this area of law.

Know the Specific Charges and Penalties

The first step is understanding exactly what your client is charged with and the potential penalties. Drug charges can vary widely – from simple possession to trafficking and conspiracy. Penalties are largely dependent on the type and quantity of drug, with charges like possession with intent to distribute or trafficking carrying lengthy mandatory minimum sentences. Carefully analyze the criminal complaint and know the sentencing guidelines front to back. This will inform the defense strategy.

For example, if your client is a first time offender accused of possessing user-amounts of cocaine, arguing they had no intent to sell and pushing for a diversion program may be the best approach. But if they are facing 10 years for trafficking methamphetamine, more aggressive defense tactics discrediting the prosecution’s evidence may be needed. Never assume a charge or penalty until you review the codes yourself.

Identify Weak Spots in Police Procedure and Testing

Law enforcement agencies have extensive drug testing procedures and protocols when seizing suspected drugs. But we’ve seen many instances where mistakes in evidence handling, testing errors, or violations of procedure created doubt around the validity and admissibility of drug evidence against our clients.

Carefully comb through police reports, evidence logs, crime lab analyses, and testing methodology. Look for gaps in custody chains, clerical errors in reports, lack of corroboration across documents, and other red flags that you can use to question the legitimacy of evidence.

For example, we once defended a client accused of meth distribution because the police report stated 50 grams were confiscated, but the lab analysis said it was only 35 grams – this inconsistency was enough for the judge to throw the evidence out.

Humanize Your Client and Identify Mitigating Factors

Prosecutors will always paint drug offenders as menaces to society who deserve the book thrown at them. As the defense, your job is to humanize your client by gathering mitigating evidence and framing them as a complex person worthy of compassion.

Do they have mental health issues? A traumatic background? Have they shown efforts to reform themselves? Are they afflicted with addiction outside their control? Presenting your client as an individual with both good and bad qualities, deserving of a chance at rehabilitation, can be far more compelling to a judge or jury than denying the charges outright.

Judges also respond well to evidence of positive activities like seeking counseling, entering rehab programs, holding steady jobs or supporting families. Gathering letters of support from employers, teachers, clergy and community members can be invaluable. Always look beneath the surface charges into the deeper personal narratives that can persuade stakeholders your client is not beyond redemption.

Research Parallel Cases and Creative Legal Arguments

Each drug crime case has unique circumstances, but reviewing outcomes and defense arguments in similar cases can spark ideas for your legal strategy. Look into jurisprudence around key issues like sentencing entrapment, questionable use of informants, disputes around drug weights and purity levels, illegal searches and lack of probable cause.

Then explore more novel legal theories – we’ve seen everything from religious freedom defenses for Rastafarians to arguments around cannabis having legitimate medical value for conditions like epilepsy. Educate yourself on cutting edge case law and don’t be afraid to make bold arguments. Judges are human too, and may empathize with creative appeals over strictly technical matters of law, especially for non-violent offenses.

The Supreme Court recently declined to hear a case disputing the DEA’s classification of cannabis as a Schedule 1 drug with no medical use. But change is happening incrementally, and pushing novel arguments around outdated drug laws plants seeds for future reform, even if rulings don’t go your way immediately.

Negotiate Plea Deals and Diversion Programs

Finally, over 90% of drug crime convictions result from plea bargains, not trials. Unless you have an exceptionally strong case, chances are your client will end up pleading out. Use your knowledge of potential penalties, mitigating factors and creative legal arguments as leverage to negotiate sentences downward through plea negotiations.

If eligible based on low offense levels and no prior record, strongly advocate for pre-trial diversion programs as an alternative to incarceration. These may involve supervised probation, drug counseling or community service. But they result in charges eventually being dismissed, no permanent criminal record for your client.

Drug crime trials are challenging, high-stakes affairs. But being deeply familiar with the charges and law, scrutinizing the prosecution’s evidence, humanizing your client, making bold legal arguments and negotiating plea deals can lead to better outcomes. Every person deserves vigorous representation. With dedication and preparation, you have the power to change lives.