You have the right to remain silent. It sounds so simple. It sounds so familiar. It is the first line of the Miranda rights which are read to people when they are arrested. It is also the primary way to help your case if you are arrested.
So many times I hear clients tell me, 'but the drug wasn't mine!' Unfortunately, the government does not consider ownership when it charges an individual with possession. In a drug trafficking case, the government must prove the individual possessed the drug. There are two types of possession: actual possession and constructive possession. Let's look at both types.
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.
In order to develop a defense strategy when charged with drug trafficking, several factors need to be assessed. The first step to determine your strategy deals with jurisdiction. Jurisdiction is crucial and is often overlooked by defense attorneys. Are you in federal court? Or are you in state court? If you are in state court, which county and/or judicial district are you in? If you have already been charged, is there a possibility to transfer your case to another jurisdiction?