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  4.  | Developing a defense strategy for drug trafficking; part 2

Developing a defense strategy for drug trafficking; part 2

On Behalf of | Aug 22, 2013 | Drug Trafficking |

In my last entry, we looked at the often overlooked aspect of jurisdiction to develop a defense strategy against drug trafficking.  This entry will look at the other aspects of developing a defense strategy including cooperation with the government; search and seizure, and the entrapment defense.

If you are a drug trafficking defendnat and you are caught in possession of a large amount of drugs, often the best strategy is to focus on the disposition of your case.  As a criminal defense attorney, I always seek to minimize the criminal as well as the civil consequences of the crime.  If you talk with the prosecutor or drug detective as early as possible and cooperate early with the government, your chance at less prison time will be greater than if you cooperate later.  The greater your cooperation, the more likely your prison time will be reduced.

The top question most defense attorneys ask though is whether the drugs were seized lawfully.  If there is a legitimate search and seizure issue, you must pursue it.  As a general rule, if you can suppress evidence of the drugs, you have won the case.  While judges are loathe to suppress evidence based on “technicalities”, the Constitution is not a mere technicality.  No matter if you are in Lycoming County, Centre County or Blair County, the Constitution protects us all from overzealous government officials.

The entrapment defense is little used at trial, but it is powerful in plea negotiations.  The emphasis on the case is whether the individual was predisposed to distribute the controlled substance.  If you are a man, with no criminal record, and you sold to a female informant who befriended you with the sole purpose of purchasing drugs from you, then you have a strong case for entrapment.

Whatever defense is used, consult an attorney who is experienced in defending drug trafficking crimes.  Contact Lance T. Marshall.