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How DEA Defense Attorneys Work to Get Drug Charges Dismissed or Reduced

March 21, 2024 Uncategorized

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.

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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.

 

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