By: Viraj Shah
Since the United States Drug Enforcement Administration (DEA) established the High Intensity Drug Trafficking Area (HIDTA) program in 1988, the levels of law enforcement activity and prosecution of drug trafficking crimes have increased across all American jurisdictions.
Anyone facing drug-related charges, particularly those related to trafficking, should contact a criminal defense attorney as soon as they have a chance to do so. You don’t have to wait until after you are arrested and booked to get in touch with a lawyer. Let’s say a police officer, a detective, a state trooper, a federal agent, or a prosecutor approaches you with questions about drug trafficking; your immediate reaction should be to end the conversation by saying that you will contact an attorney before providing any answers.
With the above in mind, here are the benefits of contacting a criminal defense law firm when facing drug trafficking charges or investigations:
It May Not Be Drug Trafficking After All
Federal and state jurisdictions define drug trafficking as the delivery or possession with intent to deliver controlled substances. Other statutes contemplate the manufacturing or production of controlled substances as drug trafficking as well. These offenses can result in severe penalties, but in many cases, the intent to deliver is simply assumed, overblown, or surreptitiously imposed. What you see as drug trafficking on arrest reports may in reality simple use or possession without intent, but many law enforcement agencies use trafficking as a glamorous catch-all term for situations related to controlled substances.
Building a Strong Case
A criminal defense lawyer will analyze the evidence and circumstances to develop a strategic defense plan to fight the charges or negotiate a favorable outcome. A strong case may have more than one potential outcome; for example, a plea agreement or entering motions to dismiss some charges to lower the risk of a prison sentence. The early retention of an attorney can make a big difference in terms of building stronger cases.
Protecting Your Rights
Overzealous and unscrupulous enforcement is an unfortunate side effect of the United States being classified as a nationwide HIDTA drug market. Federal, state, and municipal law enforcement agencies have specific guidelines they must follow during drug trafficking investigations and arrests. These guidelines are frequently overlooked, contradicted, and ignored not only by police but also by prosecutors who follow a “rubber stamping” approach to criminal justice. A lawyer can ensure your rights are protected throughout the process while also looking out for violations that may work out to your advantage as a defendant.
Understanding the Situation
Even if you understand the charge sheet, drug trafficking cases can turn out to be more complex than what you may have expected, particularly if more than one person is charged. A lawyer can explain the specific charges you face, potential penalties, and the legal nuances involved in your case; more importantly, criminal defense law firms analyze the entire situation to see what the prosecution ultimately wants. This is why you want legal representation as early as possible; you don’t want to end up talking to a detective who’s on a fishing expedition to justify a conspiracy investigation. With drug trafficking charges, the situation is often larger and more complicated than what law enforcement initially suggests.
Negotiating With Prosecutors
Depending on the circumstances of your case, prosecutors may be willing to offer plea bargains in exchange for cooperation or a guilty plea. A lawyer can represent you in the negotiations to ensure you understand them. The goal of negotiating is to minimize potential penalties or achieve an outcome that can truly benefit you.
Disclaimer: “The content in this article is provided for general knowledge. It does not constitute legal advice, and readers should seek advice from qualified legal professionals regarding particular cases or situations.”
Published by: Nelly Chavez
