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The Challenges of Beating a Drug Conspiracy Indictment
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The Challenges of Beating a Drug Conspiracy Indictment
Getting charged with a drug conspiracy can be scary. Prosecutors often throw the book at defendants in these cases, hitting them with tons of charges that can lead to long prison sentences if convicted. So what does it take to beat one of these complex indictments?
Understanding Conspiracy Laws
The key to any drug conspiracy case is the concept of an “agreement.” Prosecutors don’t need to show that someone actually sold drugs to make a conspiracy charge stick. Instead, they just need to show evidence that the defendant agreed with someone else to distribute drugs or possess them with intent to distribute.
This “agreement” can be informal and doesn’t need to be explicit. A wink and a nod is enough. Or prosecutors may try to argue that the agreement can be “implied” from the person’s conduct. For example, if someone drives a car with a hidden compartment containing drugs, the government might claim they were part of a conspiracy to distribute those drugs.
Conspiracy charges also come with two dangerous features – (1) they hold every member of the agreement responsible for the foreseeable actions of every other member; and (2) they allow prosecutors to introduce hearsay evidence that might otherwise be inadmissible.
Fighting Back Against Weak Evidence
While conspiracy laws give prosecutors a lot of power, they still need actual evidence to get a conviction. Weak cases often rely heavily on testimony from cooperating informants. But informants have major credibility problems that skilled defense lawyers can expose.
For example, informants are often career criminals who are getting rewarded by prosecutors for their testimony. Cross-examining them on their backgrounds, incentives to lie, and inconsistencies in their stories can undermine their credibility.
Beyond attacking informants, beating conspiracy charges requires contesting the prosecution’s theory of the case however possible. File motions exposing flaws in the indictment, challenge improper searches or surveillance, and put the government to its proof on every element at trial.
Using Legal Defenses
Beyond attacking the strength of the prosecution’s evidence, several legal defenses may also apply:
- No actual agreement – Mere association with criminals or presence around illegal activity does not necessarily prove an agreement. If the evidence shows at most that someone knew about the conspiracy but did not actually join it, they should be found not guilty.
- Withdrawal – A valid defense if there’s evidence showing the defendant disavowed the agreement and took affirmative steps to distance themselves from the conspiracy.
- Statute of limitations – Federal drug conspiracies must be charged within 5 years of being terminated. If the conspiracy ended more than 5 years before charges were filed, the case should be dismissed.
Getting Help from an Experienced Lawyer
Given the complexities of conspiracy laws and how severely defendants can be punished if convicted, getting an experienced federal criminal defense lawyer is extremely important for anyone facing this type of indictment.
An experienced lawyer can evaluate any possible defenses, exploit every weakness in the government’s case, negotiate strongly for reduced charges or cooperation deals if appropriate, and take the case to trial if necessary.
While beating a drug conspiracy indictment is always challenging, strong defense lawyering combined with disciplined defense investigation can sometimes achieve great results against even the most daunting charges.