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How DEA Defense Attorneys Work to Get Drug Charges Dismissed or Reduced
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How DEA Defense Attorneys Work to Get Drug Charges Dismissed or Reduced
If you’ve been charged with a federal drug crime, you need an experienced defense attorney on your side. Drug cases fall under the jurisdiction of the Drug Enforcement Administration (DEA), which means the potential penalties are severe. But a good DEA defense lawyer knows how to fight the charges and aim for dismissal or at least a reduced sentence. This article explains common strategies they use.
Initial Review of the Case
The first thing a DEA defense attorney will do is thoroughly review the case against you. This includes reading all police reports, examining evidence, and identifying any illegal searches, faulty lab tests, or violations of your rights. If your attorney uncovers issues with how the case was built or your rights were violated, that lays the groundwork for getting charges reduced or tossed out pre-trial.
Common Defenses in Drug Cases
There are a variety of legal defenses that apply specifically to federal drug crimes. A skilled criminal defense lawyer will determine if any fit your case:
- Illegal Search and Seizure – If the police searched you, your car, or your home without probable cause or a warrant, any evidence found may be inadmissible under the 4th Amendment. This could get the whole case dismissed.
- Entrapment – This defense argues that you were unfairly induced or coerced into committing a crime you otherwise wouldn’t have. Undercover DEA stings sometimes cross the line into entrapment.
- Duress – If you can show you were forced into trafficking drugs because someone threatened you, that’s considered duress. This can serve as a legal defense.
- Lack of Intent – Prosecutors must prove you knowingly and intentionally broke drug laws. But mistakes happen…if you unwittingly transported drugs, that negates intent.
- Government Misconduct – Sometimes law enforcement crosses serious ethical lines or mishandles evidence. This opens the door for dismissal.
Your attorney will also scrutinize the strength of the prosecution’s case – were proper procedures followed in building the case? Is the evidence rock solid or weak? Any cracks could lead to reduced charges or acquittal at trial.
Negotiating with Prosecutors
A lot of drug cases end with plea bargains rather than trials. An experienced federal drug crimes lawyer knows how to strategically negotiate with prosecutors for charge reductions and lighter sentences for clients.
They’ll present mitigating factors (like having no criminal record), highlight weaknesses in the government’s case, and argue why you deserve leniency. In exchange, you may agree to plead guilty to lesser charges or cooperate as an informant. The goal is for your attorney to secure the best possible plea deal terms.
Preparing Strong Legal Defenses for Trial
If negotiating a favorable plea deal isn’t in the cards, your attorney will dig in and build the strongest defense for trial. This involves things like filing suppression motions to exclude illegally obtained evidence from trial, requesting experts to scrutinize the prosecution’s scientific testing methods, lining up witnesses to testify on your behalf, and crafting opening and closing arguments.
Mounting an aggressive defense centered on your constitutional rights and the facts of your case can instill enough reasonable doubt in jurors’ minds. And in many states, a hung jury leads to a dismissal rather than retrial. So there are still options for beating the charges.
Why Defense Lawyers Are So Critical in Drug Cases
As you can see, DEA defense attorneys have many strategies for achieving charge dismissals, reduced sentences, or acquittals in federal drug crime cases. With so much on the line – these cases carry lengthy mandatory minimums and steep fines – having an experienced lawyer fighting for your best interests is critical.
Public defenders are often overburdened with heavy caseloads. And not all criminal defense attorneys truly understand the intricacies of defending complex federal drug charges under DEA jurisdiction. Don’t leave your fate to chance – hire a defense lawyer with specific experience handling federal drug cases. They offer your best shot at the most favorable outcome.