Controlled Substances

Drug trafficking crimes may be the single most common charge across federal and state court. Charges in this area can range from a minor misdemeanor case in Superior Court, to international trafficking allegations in federal court that can carry a life sentence. In many instances, the evidence necessary to convict is easy to show – a person caught with drugs in their pocket, their backpack, their car, or even their house can be convicted on that alone. Defending against drug cases takes creativity, tenacity, and often empathy.

Because these cases are so easy to prove, an effective defense often requires coming up with effective ways of challenging the prosecution’s ability to use the evidence. Motions challenging the validity of searches and seizures, or contesting the use of a statement or confession, or the use of cooperators and undercover agents, are often an important consideration. And because the law is so favorable to the prosecution in these, the arguments have to be creative and effective. Additionally, prosecutors frequently “overcharge” these cases, and an effective defense can often include finding ways to eliminate or narrow excessive charges. For example, drug cases often come paired with firearms charges, raising the already-too-high stakes; narrowing the case is often key. And finally, drug cases often overlook complex problems like substance abuse, mental-health disorders, homelessness, and other crises that should in fairness be considered.

We have handled virtually every kind of drug case, from the low-level addicts to leadership figures in complex prison gangs and drug cartels. We have confronted practically every significant issue that arises in these cases – we have litigated the viability of wiretaps, we have challenged evidence and the use of cooperators, we have fought back against weapons and money-laundering charges. We have taken these cases to trial, and we have found ways to resolve them favorably for clients.

If exposed to a potential drug case, there are substantial number of considerations. Some key ones include:

• The forum that the prosecution would proceed in. Federal drug-trafficking charges can be particularly devastating. The exposure is based largely on the amount of drugs at issue, and even small quantities can generate large prison terms under the federal sentencing guidelines.

• The presence of aggravating circumstances. If the alleged circumstances involve things like the presence of firearms, movement of controlled substances over state lines or the border, an overdose, financial activity (including virtual currencies), or any kind or organized group, the stakes are likely to be enormous.

• The full context. Prosecutors often believe drug cases are simple because they find drugs and associate them with the most logical person. Sometimes, this can lead them to overlook subtle facts that show the truth is more complicated, and the question of guilt or innocence not nearly so straightforward. Truly digging in and finding out everything can often make the difference.