What are some possible defenses for a drug trafficking charge?
Answer: Well first, if you didn’t do it, then they’ve got the wrong person. But basically, if in fact you are guilty of the crime of drug trafficking, some of the defenses we look at, or with regards to mitigation, really are whether or not the amount was somehow weighed wrong, or sometimes your prior criminal history could be incorrect. But a lawyer needs to check all that to make sure that it is correct. There are certain defenses, if it’s like a prescription drug that’s illegal without a prescription, some people have been charged with that because it was not known at the time that they actually had a prescription and a lot of times we can get those, well we get those dismissed, But otherwise, if it’s an illegal substance and it’s on your person, and in fact they can show that you have it, then it is, you are going to be found guilty of that.Now, if they can’t prove that you have actually possession and control of the drugs, then that would potentially be a defense that you could assert. Otherwise, there are other things; if in fact the law enforcement violated your Constitutional rights, you may be able to get the case dismissed based on some type of error or Constitutional violation on behalf of the law enforcement agency. For instance, if you are stopped illegally in your vehicle—law enforcement had no right to stop you—and they find drugs, and you were traveling through different states, then in that particular case, if the judge determined that the stop was completely illegal and they should not have stopped you, then the entire case would get thrown out. So that’s just one example of a potential defense. But those are legal challenges based on your Constitutional rights, which cannot be violated by law enforcement.