Different Defense Strategies for Defending Against a Federal Drug Charge

 Posted on April 28, 2023 in Federal Crimes

Drug charges are serious offenses that can have long-lasting consequences, including steep fines and imprisonment. If you are facing a federal drug charge, it is essential to have a strong defense strategy to protect your rights and to fight to avoid a devastating conviction. Federal drug crimes are prosecuted aggressively. As a result, if you have been charged with a federal drug crime, contact the services of an experienced criminal defense attorney right away, as your freedom may be in jeopardy.

Examples of Defense Strategies

Here are some different defense strategies that may be used to defend against a drug charge:

• Challenging the search and seizure – One of the most common defense strategies used in drug cases is to challenge the search and seizure that led to the discovery of the drugs. In the United States Constitution, the Fourth Amendment clearly protects individuals against unlawful searches and seizures. If the police conduct an illegal search, any evidence obtained will likely be suppressed.
• Claiming lack of knowledge – In some cases, defendants may claim they had no knowledge of the drugs in their possession. This defense strategy may be effective in cases where the drugs were found in a shared space or in a vehicle that belongs to someone else.
• Challenging the chain of custody – The chain of custody refers to the process of handling and documenting evidence from when it is seized until it is presented in court. If there are any gaps in the chain of custody, it may be possible to challenge the admissibility of the evidence.
• Arguing lack of intent – Sometimes, defendants may claim that they did not have the intent to distribute or sell drugs. However, this defense strategy may be ineffective if the drug is found in large quantities or packaging that suggests a major drug-trafficking operation is afoot.
• Arguing police misconduct – If you can prove that the police engaged in misconduct, such as planting evidence or fabricating a case against you, you may be able to have the charges against you dismissed.

Contact a Chicago, IL, Drug Crimes Attorney

If you have been arrested for a federal drug crime, you may feel like all hope is lost. Fortunately, with high-quality legal counsel, you can place yourself in a position where a favorable case outcome is possible. Contact the Chicago, IL drug crimes lawyer with Law Offices of Hal M. Garfinkel LLC, Chicago Criminal Defense Attorney for competent criminal legal representation. Call 312-629-0669 for a free consultation.

Source - https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1947