If you have been accused of a drug crime, such as possession of a controlled substance or intent to deliver a controlled substance, you are likely worried about how much time you will face and what the repercussions will be. However, you do not have to be afraid. Instead, you can focus on what your defense will be.
It is important to know that using and trafficking drugs has risks, no matter why or how you do it. Drug trafficking charges can be filed against someone who is actually trafficking drugs, but they can also be filed against people who do not have drugs with the intent to deliver. There are pretty steep state and federal penalties for intent to deliver a controlled substance and other drug charges, so you absolutely must have help. Working with a drug lawyer can be the most crucial decision that you make to help yourself get your life back on track. You cannot just choose any lawyer, however. You need to pick one that is knowledgeable about drugs and common defenses for drug charges.
If you don’t, you risk a lengthy prison sentence, large fines and the lifelong ramifications of being convicted of a drug-related crime.
Intent To Deliver A Controlled Substance
The delivery, sale, and importation of illegal drugs of any kind can result in drug trafficking charges being filed by a state or federal prosecutor – and that means trouble for you. Even the most common drugs, like marijuana, can have pretty steep charges. Harder drugs that are bringing Nebraska and the entire country to crisis levels, like methamphetamine, opiates, oxycontin, hydrocodone, and heroin, often face steeper charges and harsher punishments. Even if the drugs were intended for your personal use, you face an uphill battle to fight the charge. The charges are based on the type, weight, or amount of the drugs. If it seems like too much for your personal use, then you can be charged with trafficking.
It is important to note that specific drug charges are worse than others because there is a law mandating a minimum sentence. The judge cannot hand down a lighter sentence for any reason, even if the evidence accurately reflects a different story. While there may be upcoming changes to those laws, for now, they are strict, and the presiding judge does not have a choice in determining the length of the prison sentence. A criminal defendant can face many years in prison even though the drugs were intended for personal use, for example. The only people accused of trafficking that may get a break are juvenile offenders or those with an exceptionally skilled drug defense attorney like Daniel Stockmann.
Common Drug Trafficking Defenses
If you are involved in a drug network of any kind and you simply possess the drugs or have them on your person but don’t intend to deliver them, that is still a drug trafficking charge. Participation in any drug schemes or illegal drug trade can result in fines and incarceration. Serious criminal offenses are often prosecuted to the fullest extent of the law and judges are particularly quick to make examples out of those who have been caught.
For those who have been accused of intent to deliver, you need an aggressive lawyer with a strategy that will ensure your rights are protected. If the police violated your Constitutional rights in any way, or they just didn’t follow protocol, your criminal charges may be reduced or dismissed.
Depending on the circumstances surrounding the drug trafficking case, many common defenses can help you to overcome the charges and move on with your life.
These can include but are not limited to proving that:
• The police did not have probable cause to conduct a search of a car or home
• You were just in the wrong place at the wrong time (i.e., in a car that was smuggling drugs but you did not know that crucial fact)
• The police did not obtain a warrant before conducting a search of you, your car, or your home
• There was no intent on the part of the defendant to traffic drugs (i.e., they were intended for personal use only, which is still illegal but constitutes a lesser charge)
• The defendant was unaware of trafficking activities (see second bullet point)
Drug trafficking cases are extraordinarily complex and require a trained eye and mind to conquer them successfully. Those who are charged with a drug crime can sometimes be on the right side of the law. A thorough investigation of all evidence and the actions of law enforcement are required to get a complete look at the story. You may not know all of your legal rights, but attorney Daniel Stockmann does – and he will absolutely fight for them. If you believe that your case was mishandled or you just want one of the top lawyers for the job, call (402) 884-1031 today.
