Criminal Defense Lawyers

The Most Common Defenses in Federal Drug Cases

The Most Common Defenses in Federal Drug Cases

Being charged with a federal drug crime can be scary. The penalties are often severe, and the complex laws can make it hard to understand what is happening. But there are defenses available that can help fight the charges. Here are some of the most common and effective defenses used in federal drug cases.

Illegal Search and Seizure

One of the most common defenses in drug cases is to claim the search and seizure that led to the charges was illegal. The 4th Amendment protects against unreasonable searches and seizures. If the police did not have probable cause or a warrant to conduct the search, any evidence found may be excluded from the trial. This could result in the case being dismissed.

For example, if the police stopped and searched your car without reasonable suspicion of a crime, any drugs found in the illegal search could not be used. Challenging the legality of a search is a very common defense strategy in federal drug cases[1].

Lack of Knowledge

To convict someone of a federal drug crime, the prosecution must prove the defendant knowingly possessed the illegal substance. It is possible to argue you did not know the drugs were present. For example, if drugs were found in your home or car, you could claim they belonged to someone else without your knowledge.

Likewise, you may not have known the exact nature of the substance. You cannot be convicted of possessing illegal drugs if you truly believed it was something legal. A lack of knowledge defense argues you did not knowingly commit the crime[3].

Entrapment

A successful entrapment defense means you only committed the crime because of improper encouragement by the police. If an undercover officer pressured you into buying or selling drugs, entrapment could invalidate the charges.

However, you have to show you had no predisposition for the crime. If you were already involved in the drug trade before the undercover operation, an entrapment defense likely won’t work. But if you were law-abiding and only committed the crime due to police coercion, entrapment may get the charges dismissed[5].

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Improper Police Procedure

Sometimes charges can be challenged based on mistakes the police made during the investigation. If they mishandled evidence, made critical errors on paperwork, or did not follow protocol, the reliability of the charges could be questioned.

Showing sloppy police work could establish reasonable doubt about your guilt. It also may result in evidence being ruled inadmissible, preventing it from being used against you. Attacking the validity of the police investigation is a defense that focuses on procedural flaws rather than your actual innocence.

Sentencing Entrapment

This defense claims police improperly inflated the charges to increase your sentence. It argues you should not be penalized for an amount of drugs you did not intend to buy or sell. For example, if you planned to buy 5 grams of cocaine for personal use but an undercover cop pressured you into buying 50 grams instead, the extra 45 grams should not be used to impose a longer sentence. Sentencing entrapment asserts you should be sentenced based only on the quantity you originally intended.

Medical Marijuana

In states where medical marijuana is legal, patients who follow the regulations are protected from prosecution under state law. But medical marijuana remains illegal at the federal level. A medical necessity defense argues that punishing medical use violates your constitutional rights to life and health.

This defense has not always succeeded in federal court. But federal prosecutors will sometimes decline to pursue charges against medical marijuana patients to avoid litigation over the issue. Talking to your attorney about your medical use can still be helpful even in federal cases.

Addiction

While addiction is not an outright defense, courts recognize it as a mitigating factor. Addicts may be offered treatment rather than jail time. Letting the judge know about your addiction and desire for help could result in a more lenient sentence or rehabilitation program instead of prison.

Discussing your addiction can also help show why you committed the crime and did not have full control. This could help with defenses like lack of intent or entrapment. Your addiction can be used to argue for a lower sentence even if it does not get the charges dismissed.

Mental Health

Like addiction, mental health issues do not provide a complete defense but can lead to more favorable outcomes. Conditions like depression, PTSD, bipolar disorder, or schizophrenia could help explain your actions. The judge may sentence you to counseling and treatment instead of incarceration.

A mental health defense shows why you may not have been able to form the intent required for a conviction. It could bolster other defenses arguing you did not knowingly commit the crime. While mental health problems rarely get federal drug charges dismissed, they are still worth bringing up to try to reduce penalties.

Statute of Limitations

Federal drug crimes generally have a 5-year statute of limitations. This means charges must be filed within 5 years of the alleged crime. If it has been longer than that, the defense can request the charges be dismissed as outside the time limit.

However, some factors can “toll” or pause the statute of limitations. For example, if you fled prosecution or committed another crime, the clock may stop running. An experienced attorney knows how to analyze the time limit and determine if a statute of limitations defense is viable.

Insufficient Evidence

Every element of a federal drug charge must be proven beyond a reasonable doubt. If the prosecution’s evidence is lacking, the defense can argue they have not met this burden of proof. Too little evidence could lead a judge or jury to find you not guilty.

Your attorney may be able to file motions identifying holes in the prosecution’s case and requesting certain charges be dismissed pre-trial. Even if the case proceeds to trial, picking apart the evidence and raising doubt about your guilt is a straightforward defense.