Criminal Defense Lawyers

How To Get A Drug Trafficking Charge Dismissed

How To Get A Drug Trafficking Charge Dismissed

A Comprehensive Guide by Spodek Law Group

Being charged with drug trafficking is a serious matter – but it doesn’t have to ruin your life. There are ways to fight these charges and potentially get them dismissed entirely. As experienced federal criminal defense attorneys, we know the ins and outs of the system. We’ve helped countless clients navigate drug cases and come out on top.In this guide, we’ll walk you through some of the most common strategies for getting drug trafficking charges dropped or reduced. From challenging the evidence to raising affirmative defenses, we‘ll cover all your options. So don’t lose hope just yet – with the right approach, you may be able to avoid a conviction altogether.But before we dive in, a quick disclaimer: every case is different. What works for one person might not work for another. That‘s why it’s crucial to have an attorney evaluate the specifics of your situation. With that said, let’s get started!

Challenging the Evidence

One of the most effective ways to get charges dismissed is to attack the prosecution’s evidence against you. After all, if they don’t have enough proof to back up the charges, the case could crumble. Here are some common ways to challenge the evidence:

Illegal Search and Seizure

The Fourth Amendment protects you from unreasonable searches and seizures by law enforcement. If the cops violated your rights – say, by searching your car without probable cause – any evidence they obtained could be inadmissible in court.Your attorney can file a motion to suppress, asking the judge to throw out any illegally obtained evidence. Without that evidence, the prosecution may not have enough to proceed with the charges.

Breaking the Chain of Custody

For evidence to be admissible, the prosecution has to prove an unbroken chain of custody. That means accounting for every person who handled the evidence from the time it was seized until it gets to court.If there are any gaps or inconsistencies in that chain, your lawyer can argue that the evidence has been compromised and should be excluded. A broken chain can completely undermine the prosecution’s case.

Challenging Lab Results

In drug cases, the prosecution relies heavily on lab test results to prove the substances in question were actually illegal drugs. But lab tests aren’t infallible. An experienced attorney can scrutinize the lab procedures, question the analysts’ qualifications, and potentially get the results thrown out.Without solid proof of what the alleged drugs were, the charges may not stick. It’s a technical defense, but it can work wonders.

Lack of Intent

For drug trafficking charges, the prosecution has to prove you knowingly and intentionally participated in drug distribution activities. Simply being around drugs isn’t enough – they need evidence you meant to traffic them.Your lawyer can argue a lack of intent on your part. Maybe you were an unwitting courier who didn’t know what you were carrying. Or perhaps you were forced into it against your will. Establishing a lack of criminal intent can be a powerful defense.

Raising Affirmative Defenses

In some cases, you may be able to raise an affirmative defense that could lead to a dismissal. These defenses essentially admit the alleged conduct occurred, but argue you shouldn’t be held criminally liable for it. Some common affirmative defenses include:

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2024-03-21

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2024-03-18

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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 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

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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

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!

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2024-03-12

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2024-03-12

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2024-02-28

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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.

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Entrapment

If law enforcement induced or persuaded you to commit a crime you otherwise wouldn’t have done, that’s entrapment – and it’s a valid legal defense. For it to work, you have to show the cops went beyond just providing an opportunity to break the law.Entrapment is a high bar to clear, but it can get charges tossed if proven. Your lawyer will scrutinize law enforcement’s conduct during any sting operations or investigations.

Duress

The duress defense applies if you only committed the alleged crime because you were being threatened with serious harm or violence. The key is that a reasonable person would have given in to the threat too. For example, if gang members threatened to kill your family unless you transported drugs for them, you may be able to claim duress. It doesn’t excuse the conduct, but it could clear you of criminal liability.

Outrageous Government Misconduct

In rare cases, law enforcement engages in such egregious, outrageous misconduct during an investigation that it violates fundamental fairness. When that happens, the court may dismiss the case to prevent the government from benefiting from its own lawlessness. This is an extremely hard defense to establish, but worth exploring if the facts support it. Your lawyer will examine every aspect of the investigation for potential misconduct.

Negotiating a Plea Deal

If the evidence against you is fairly strong, getting the entire case dismissed may not be realistic. But that doesn‘t mean you’re completely out of options. A skilled defense attorney can often negotiate a plea bargain that keeps you out of prison. For example, the prosecutor may agree to reduce the charges to simple possession in exchange for a guilty plea. While still a conviction, possession tends to carry much lighter sentences than trafficking. Or your lawyer could potentially work out a diversion program where you avoid charges altogether by completing probation and/or treatment. The key is having an attorney who knows how to effectively negotiate with prosecutors.

Why You Need an Experienced Lawyer

As you can see, there are numerous potential avenues for getting drug trafficking charges reduced or dismissed. But successfully pursuing those avenues requires in-depth legal knowledge and skilled advocacy. That’s why having an experienced drug crime defense lawyer is absolutely essential.

At the Spodek Law Group, our attorneys have decades of combined experience handling the toughest federal cases. We know all the ins and outs of the system – and we put that knowledge to work fighting tirelessly for our clients. From scrutinizing evidence to raising affirmative defenses to negotiating plea deals, we leave no stones unturned in pursuit of the best possible outcome. And with our former prosecutors on staff, we have a true insider‘s perspective that gives us a strategic edge.

Drug trafficking is extremely serious, but it doesn’t have to be the end of the world. With the right legal team on your side, you can protect your rights, preserve your freedom, and get your life back on track.

If you or a loved one are facing charges, don’t wait – contact the Spodek Law Group today at 212-210-1851 for a free, confidential consultation.