How To Get Your Drug Trafficking Charges Dismissed
If you want to know how to get your drug trafficking charges dismissed, this blog will provide you with background knowledge. You can use it when consulting a lawyer about your particular case, or simply to satisfy your curiosity. Either way, read on to learn more.
What Is Drug Trafficking?
Drug trafficking differs from possession in that you are being accused of not merely owning the drugs, but also intending to sell them. This is a more serious accusation with harsher penalties. Most states impose penalties of hundreds or even thousands of dollars in fines for trafficking drugs, and years in prison, with punishments becoming worse with each subsequent conviction. Federal laws can often be even harsher. This is why it can be helpful to get at least your drug trafficking charges dropped. While it might seem like there is nothing you can do if the police say they found you trying to traffic drugs, try not to lose hope, because you still have several options.
PRO TIP: Read this post to learn more about what are the causes of drug trafficking. We know it will be helpful!
3 Easy Tips For Getting Drug Trafficking Charges Dropped!
Read on to learn some easy tips for getting drug trafficking charges dropped.
Prove There Was A Mistake
The easiest way to have your drug charges dropped is if you can show they never really applied in the first place. If you can cast doubt on the idea that you intended to distribute the drugs, you may avoid conviction. Try pressing the prosecution for evidence that was your goal. If they cannot provide it, the judge or jury might find trafficking was not established beyond a reasonable doubt.
However, first the police need to establish that you owned drugs in the first place. Proving that the drugs were not yours is another way to escape conviction. If you have evidence that the drugs belonged to someone else, even if you had knowledge of them, it will be more difficult for the prosecution to establish that you intended to sell them.
You may even be able to establish that there were no drugs in the first place, and that it was simply a lab error. Once again, you should press the prosecution for its evidence. If they cannot show sound lab results proving that objects found on you were drugs, your charges may be dropped. It is entirely possible that the original evidence was lost, destroyed in testing, or tampered with, in which case your charges will most likely be dismissed due to lack of evidence.
Establish A Violation Of Your Rights
Even if none of the above methods work, you still cannot be charged if the evidence was obtained illegally. If you can establish that the search was illegal, or even that the drugs were planted on you by the police themselves, your charges will be dismissed for reasons of incompetence or corruption. Evidence of corruption could also include threats of violence, faking evidence, or ignoring proper procedures. You could also try to show that you were a victim of entrapment, meaning you were coerced by police into committing a crime you normally would not.
You may also be able to avoid your charges if it turns out you were not read your Miranda Rights when you were arrested. Police are obligated to inform you of various rights, including your right to remain silent, before they can use what you say against you in court. The things you say after being arrested but before being read your rights are considered invalid in court. If something you said during this time was crucial to the case against you, and it must be dropped from the record because you were not properly informed, this may result in your charges being dismissed.
Make A Deal
If all else fails, remember that the goal of the court is not necessarily to give you the harshest punishment possible. The police may be looking for a “bigger target,” so if you provide information, you may be able to reach a plea deal where your trafficking charges are dropped in favor of something less serious. If you know anything about any other drug dealers, manufacturers, smugglers, etc. it might be enough information for the police to drop your charges. If you use the drugs yourself, it also might be possible for you to seek addiction treatment as an alternative. In this case, called diversion or deferred prosecution, you agree to enter a drug treatment program in exchange for having your charges dropped. For any of these options to work, however, you must agree to both the prosecution’s and the judge’s terms.
Although it is a very serious offense, there are a number of ways to avoid drug trafficking charges. If you cannot prove that the charges were either a mistake or a result of police corruption, you may be able to get your charges dismissed simply by cooperating with the prosecution and reaching a deal. While you should consult a lawyer before making any final decisions, hopefully you now have a better idea of how to get your drug trafficking charges dismissed.