How to Get a Drug Trafficking Charge Dismissed
Facing a drug trafficking charge can feel overwhelming, especially if you're unsure where to turn for help. In Phoenix, Arizona, drug trafficking is taken seriously by both law enforcement and the courts. If you’re dealing with such a charge, you need an experienced firm of criminal defense attorneys who can help you explore every possible option for a defense.
At Faussette and Faussette PLLC, we work on these types of cases and understand the serious impact a conviction can have on your future. Getting a drug trafficking charge dismissed is no easy feat, but it’s possible with the right legal representation and strategy.
Let’s explore the key steps you can take and the factors that influence whether a case can be dismissed. Whether you’re dealing with an illegal search, improper arrest, or other issues, a knowledgeable criminal defense attorney can help.
Steps to Getting a Drug Trafficking Charge Dismissed
When facing a drug trafficking charge, several avenues can lead to a case dismissal. Below are some of the strategies criminal defense attorneys use to fight for a case dismissal:
Questioning the legality of the search: One of the first things criminal defense attorneys will examine is whether the search that led to the discovery of drugs was legal. If law enforcement didn’t have a warrant or probable cause to search you, your vehicle, or your property, any evidence obtained could be deemed inadmissible.
Challenging the evidence: In drug trafficking cases, the evidence presented by law enforcement is crucial. If there is any doubt about the validity or accuracy of the evidence, such as improperly handled drugs or false lab reports, it could be enough to have the charges dismissed.
Improper arrest: If the arrest made was unlawful, the case may be dismissed. Law enforcement must follow proper procedures when arresting an individual. If there’s a mistake in the process, such as failure to inform you of your rights or arresting you without probable cause, your criminal defense attorneys can argue for a dismissal.
It’s important to understand that getting charges dismissed isn’t easy, and success depends on several factors. Working with skilled criminal defense attorneys is crucial.
A Strong Defense Strategy
The next step in fighting a drug trafficking charge is creating a strong defense strategy. Your defense strategy might involve:
Proving lack of knowledge or intent: In drug trafficking cases, it’s essential to prove that you didn’t knowingly participate in the crime. If you’re unaware that drugs were being trafficked or weren’t intentionally involved, you may have grounds for a defense.
Alibi defense: If you weren’t at the scene of the crime when the drug trafficking occurred, presenting an alibi could be crucial. At Faussette and Faussette PLLC, I'll work with you to gather evidence that can confirm your whereabouts and prove that you weren’t involved in the illegal activity.
Entrapment: If law enforcement coerced or encouraged you to commit the crime that led to the drug trafficking charge, it could be considered entrapment. A successful entrapment defense could result in the dismissal of your case.
A good defense doesn’t just rely on challenging evidence or technicalities—it takes into account every angle of the case.
How the Prosecution’s Evidence Affects the Case
The prosecution’s evidence plays a crucial part in whether or not your case is dismissed. Here’s how:
Unreliable Informants
In some cases, law enforcement might use confidential informants to gather evidence against you. However, if the informant is unreliable, this could undermine the case.
Criminal defense attorneys will carefully examine the credibility of any informants involved in your case, looking into their history, motivations, and any past instances where they may have provided inaccurate information.
If an attorney can prove that the informant isn’t credible or has provided false information in the past, it could significantly weaken the prosecution’s case and lead to a dismissal.
Drug Distribution Charges vs. Possession
Sometimes, the evidence may not support a charge of trafficking, but it may be more appropriate for a lesser charge like possession. At Faussette and Faussette PLLC, I can challenge the prosecution’s attempt to overcharge you and seek a reduction of the charges.
In many cases, the prosecution might exaggerate the scope of your involvement, and attorneys can show that you didn’t have the intent or the knowledge to be involved in trafficking. By presenting strong evidence, your attorney can push for a lesser charge that doesn’t carry the same severe consequences.
Lack of Corroborating Evidence
If the prosecution doesn’t have solid evidence linking you to the drugs or trafficking activities, I can argue for a dismissal. In drug trafficking cases, the government is required to prove certain facts beyond a reasonable doubt. If they fail to meet that burden, the case can be thrown out. As your attorney, I'll carefully scrutinize the evidence for any gaps or inconsistencies.
If the prosecution can't provide the necessary evidence to prove the charges, I'll aggressively challenge it in court. In some cases, a dismissal may be possible.
What You Can Expect From the Legal Process
Once you’ve hired a skilled attorney, you’ll need to work closely with them throughout the legal process. The process includes:
Initial consultation: This is your opportunity to meet with an attorney and discuss the details of your case. You’ll provide important information about the charge, your background, and any evidence that could support your defense.
Investigation: After reviewing the case, your attorney will begin investigating the circumstances surrounding the charge. This includes looking at any police reports, evidence, and witness testimonies. They may also consult authority figures or request further analysis of evidence.
Pretrial motions: Before the trial, your attorney may file pretrial motions to suppress evidence, challenge the validity of the arrest, or have the case dismissed. This can save time and resources, and in some cases, lead to a dismissal.
Negotiation with prosecutors: In some cases, your attorney will negotiate with the prosecutor to have the charges reduced or dropped. If this isn’t possible, they’ll be prepared to fight for your rights in court.
While this process may seem overwhelming at first, Faussette and Faussette PLLC will work with you to make the whole experience less stressful.
Common Mistakes to Avoid When Facing Drug Trafficking Charges
When you’re charged with drug trafficking, what you don’t do can be just as important as what you do. Many defendants unintentionally hurt their own cases by making avoidable mistakes early in the legal process. Knowing what to avoid can help preserve your rights and improve your chances of getting the case dismissed. Some of these common mistakes include:
Talking to the police without an attorney: Anything you say can be used against you, even if you believe you’re innocent or just trying to explain yourself. Always wait for your attorney before answering questions.
Posting about the case on social media: Anything you post online could end up in the hands of the prosecution. Avoid discussing your case—or anything related to it—on social media. Even a seemingly harmless comment can be misinterpreted and used as evidence.
Failing to act quickly: Time is critical in a drug trafficking case. Waiting too long to hire a lawyer can give the prosecution a head start. An early defense strategy allows your attorney to challenge evidence, file key motions, and potentially prevent charges from escalating.
Assuming the case can’t be fought: Some people believe that if they were caught with drugs, there’s no hope for their case. That’s not true. There are often weaknesses in the prosecution’s case that an experienced defense attorney can expose. Never assume it’s over until your lawyer has reviewed everything.
By avoiding these common pitfalls, you give yourself a better shot at a favorable outcome. At Faussette and Faussette PLLC, I guide clients through each step and help them avoid costly mistakes that could jeopardize their future.
Contact a Criminal Defense Attorney Today
If you’re facing a drug trafficking charge in Arizona, it’s important to understand that a dismissal is possible. Whether you’re in Glendale, Peoria, Scottsdale, Goodyear, Avondale, Surprise, Chandler, Gilbert, Mesa, or Tempe, my firm at Faussette and Faussette PLLC is here to help. Contact me today for skilled guidance through the legal process.