DEA Lawyers Discuss Defending Clients Who Are Charged as Drug Kingpins

DEA Lawyers Discuss Defending Clients Who Are Charged as Drug Kingpins

So you’re a lawyer and your client got charged as being a drug kingpin? That’s a scary situation for sure. Let’s break down some tips for defending these types of cases.

First things first – don’t panic. Take a deep breath. Drug kingpin charges sound intimidating but they can be beat. You just need the right strategy.

Now obviously every case is different. There’s no one size fits all approach. But there’s some common defenses that can be effective for many clients in this situation. Let’s walk through them.

Entrapment

This is when law enforcement induces someone to commit a crime they otherwise wouldn’t have. The client has to show they were coerced or pressured into doing something illegal.

For example, if an undercover agent kept hounding your client to sell drugs and they finally gave in, that might be entrapment. Or if the informant made up a sob story to manipulate them. Stuff like that.

There’s a lot of case law on this. Check out this analysis for more details on requirements. But bottom line – if police pushed too hard, that’s entrapment. A good defense.

Lack of Intent

Prosecutors have to show your client intended to break the law. If you can argue they didn’t mean to, it’s a good defense.

Like what if your client got tricked into a drug operation by a manipulative boyfriend? Or they naively agreed to store some packages as a favor for a friend? No intent to sell drugs themselves.

There’s also situations where someone unknowingly rents a property that becomes used as a drug hub. If you can show ignorance, it helps. Review intent standards here.

No Control or Organizing Role

Kingpin charges require proving your client occupied a position of organizer, supervisor, financier, or manager. If the evidence doesn’t show that, poke holes.

For example, maybe your client was just a runner or lookout. Or they simply introduced people but had no ongoing management role. Present them as a cog in the machine, not a leader.

Look at criteria for kingpin charges in this DOJ manual. If your client doesn’t meet them, highlight it. Being a bit player isn’t enough.

Unreliable Informants

Many drug cases rely heavily on informant testimony. If you can discredit them, it undermines the prosecution.

Informants often get reduced charges or cash payouts for cooperating. Show how they have incentive to exaggerate or flat out lie. Highlight inconsistencies in their statements.

Also look into their background. Many informants have long rap sheets and history of dishonesty. Use it to portray them as untrustworthy. Here’s more on dismantling informants.

Illegal Searches

If police obtained evidence through unconstitutional searches, it can get thrown out.

Like if they searched your client’s car or home without consent or probable cause. Or they exceeded scope of a warrant. This evidence suppression guide is super helpful.

Any evidence that stems from illegal searches – known as “fruit of the poisonous tree” – gets excluded too. This is key for damaging stuff like seized drugs or wiretaps.

Sentencing Entrapment

Let’s say your client did engage in some illegal conduct. But the cops or informants pushed transactions way beyond what they’d normally do.

You can argue sentencing entrapment. Say police inflated the drug amounts just to trigger harsh kingpin penalties. It’s not a full defense but can reduce sentences.

See this analysis of how it works. Bottom line – if police overreached, show the sentencing is unfair compared to actual conduct.

So in summary:

• Look for signs of entrapment or manipulation by police.
• Argue lack of criminal intent if client was unaware or made mistakes.
• Show they weren’t an organizer, just a small part of operations.
• Discredit informants as biased liars with checkered pasts.
• Suppress evidence from unconstitutional searches.
• Say police inflated activity for kingpin charges.

There’s loads of other creative angles too – destroy chain of custody, raise jurisdiction issues, present alternatives theories. But these are some of the main ones.

It also helps to humanize your client. Show their good qualities through character witnesses. Explain any vulnerabilities that were exploited. The more sympathetic they seem, the better.

And attack the investigation itself. Were there procedural errors? Missing documents? Sloppy police work? Anything to raise doubts helps.

Oh and jury selection is huge. Figure out what biases and skepticism you need in jurors. Craft your voir dire carefully.

Anyway, that covers some of the top defenses and strategies if your client gets charged as a drug kingpin. It’s daunting but very beatable with the right preparation and creativity. Let me know if you need any other tips!