One moment, you’re enjoying a casual outing. The next moment, you’re thrust into the criminal justice system, facing serious drug charges. Perhaps you innocently agreed to hold onto a package for a friend, unaware of its contents. Now, you’re wondering if you can be charged with drug trafficking. These situations can be terrifying and confusing.
The legal system can seem complex and intimidating, especially for individuals facing drug charges in Florida. However, various drug charge defense strategies are available.
Below, our team of experienced Orlando drug trafficking attorneys explores some common defenses, offering insights into how they might apply to your case and why experienced legal representation is essential.
Protecting Your Rights: Understanding Search and Seizure Laws
The Fourth Amendment of the U.S. Constitution safeguards you from unreasonable searches and seizures. If law enforcement officers overstep these boundaries, evidence obtained might be inadmissible in court. Law enforcement must typically have a warrant to search your property. Exceptions include:
- Consent to search,
- An officer’s plain view of an illegal substance, and
- Exigent circumstances.
If officers conduct an illegal search, the fruits of that search (i.e., incriminating evidence) might be suppressed. The effectiveness of this defense relies on challenging law enforcement methods to expose any violations of constitutional rights.
For example, if the police searched your house without consent or a warrant, the evidence found could be suppressed, weakening the prosecution’s case significantly. A competent attorney will scrutinize the details of the search to determine if the police violated your rights.
Mistaken Identity
Mistaken identity can be an effective drug crime defense strategy that involves proving that you were not the perpetrator of the alleged crime. When law enforcement relies on eyewitness testimony or even their own perceptions under certain circumstances, the possibility of error can be high. Poor lighting, stress, and the event’s short duration can lead to a witness—even a police officer—incorrectly identifying the suspect.
To establish a mistaken identity defense, an attorney might:
- Gather alibi evidence, if any exists;
- Analyze video surveillance to look for inconsistencies; or
- Question the credibility or accuracy of eyewitness perceptions.
By doing so, they aim to create reasonable doubt about whether you were involved in the crime.
Lack of Knowledge Defense: Unaware of the Drug’s Presence
Ignorance of the law is generally not a defense. However, if you can show that you did not know of the presence of drugs, it could be a viable strategy.
Lack of knowledge is particularly relevant in cases where drugs were found in a shared space, such as a vehicle or residence occupied by multiple people. The success of this defense often depends on where the substance was discovered and your relationship to it.
For instance, if drugs were discovered in a car you share with others or where you had passengers, your lawyer might argue the drugs did not belong to you, nor did you know of their presence.
Or, if you share an apartment with a few other people and the drugs were found in a cabinet in the shared living room space, your attorney can argue that you were unaware of the drug’s presence.
Entrapment: The Police Made Me Do It
Entrapment happens when law enforcement persuades you to commit a crime you wouldn’t have committed otherwise. The success of this strategy relies on showing that the pressure from law enforcement to commit the crime was significant and that you would not have done so without that pressure.
For example, suppose an undercover officer spends time pressuring you into purchasing drugs. Also suppose you have no history of using or buying drugs and you initially say no to their suggestions. But if their pressure tactics eventually work, you might have a valid entrapment defense.
Procedural Errors Defense: Violations of Legal Procedures
The prosecution must follow specific procedures. Any mistakes can be used as a defense in a drug charge case. A typical example is a broken chain of custody, where evidence is mishandled or unaccounted for, raising doubts about its reliability.
Procedural errors, while sometimes subtle, can significantly weaken the prosecution’s case and result in charges being dismissed.
For instance, if the drugs allegedly found in your possession were not properly documented or were mishandled at any point, your attorney can argue that the evidence is unreliable.
Affirmative Defenses: Taking the Offensive
Unlike other defenses that refute the prosecution’s case, affirmative defenses require you, as the defendant, to introduce new, credible evidence to support your claim.
This burdens the defendant significantly and highlights the importance of skilled legal representation. Duress and necessity are examples of such defenses.
Duress
This defense argues that you were coerced into committing a crime due to immediate threats of death or serious bodily harm. For example, if someone threatened you with violence unless you transported drugs, your attorney could argue that you acted under duress.
Necessity
This strategy claims you were forced to commit a crime to prevent greater harm. This might be a tough sell for drug crimes, but it’s not entirely outside of the realm of possibility.
For instance, if you stole medication to save someone’s life during an emergency, necessity could possibly be used as a defense. Your lawyer will understand if these nuanced defenses apply in your case.
The Importance of an Experienced Attorney
At Moses and Rooth, we empathize with the challenges of drug charges and are committed to helping you protect your rights and get the best possible outcome for your case. We have a deep understanding of the law, know the ins and outs of dealing with prosecutors, and are equipped with winning strategies.
Our skilled drug charge defense lawyers can investigate the facts, build a strong case, and advocate for your rights. If you face a drug charge, don’t hesitate to contact one of our experienced attorneys. Let us guide you through your options.
Andrew Moses
Andrew has been practicing criminal law his entire career. After graduating from law school he began working as an Assistant State Attorney prosecuting cases in Orange and Osceola Counties. During his time as an Assistant State Attorney, Andrew handled all types of cases ranging from misdemeanors to such serious felonies as drug trafficking and armed robbery. His experience as a prosecutor helped him gain perspective of the criminal justice system and how the government established its cases.
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