How To Get a Drug Trafficking Charge Dismissed
Drug trafficking charges in Ohio can have serious consequences, including lengthy prison sentences, substantial fines, and a permanent criminal record. However, there are strategies you can take with a criminal defense lawyer that may lead to the dismissal of these charges.
Understanding potential defenses and procedural errors can help defendants protect their rights and pursue a favorable outcome. Our attorneys at Wolfe & Mote Law Group, LLC understand this and will be more than happy to help you through your case.
Challenging Illegal Search and Seizure
One of the most effective ways to get a drug trafficking charge dismissed is by demonstrating that law enforcement violated the defendant's constitutional rights. The Fourth Amendment protects individuals from unreasonable searches and seizures.
If officers obtained evidence without a valid warrant or probable cause, that evidence may be inadmissible in court.
A successful motion to suppress evidence can weaken the prosecution's case. Without the evidence obtained through unlawful means, the prosecution may not have enough proof to proceed, leading to a dismissal of charges.
Defense attorneys often review arrest reports, search warrants, and other documentation to identify violations of constitutional rights.
Proving Lack of Possession or Knowledge
Prosecutors must prove that the defendant knowingly possessed and intended to distribute the controlled substance. If the defense can show that the accused did not have actual or constructive possession of the drugs, the case may be dismissed.
Constructive possession occurs when an individual has control or access to an area where drugs are found, even if they do not physically possess the substance. Challenging the prosecution's evidence regarding possession or knowledge can create reasonable doubt and weaken the case.
Identifying Errors in Lab Testing
Lab reports play a crucial role in drug trafficking cases by confirming the type and quantity of the controlled substance. However, errors in lab testing or chain of custody issues can cast doubt on the accuracy of the evidence. Defense attorneys often scrutinize lab procedures to identify possible mistakes.
If discrepancies arise in the testing process or the handling of evidence, the court may exclude the results. Without reliable proof of the substance's identity and quantity, the prosecution may have insufficient evidence to pursue the charges.
Establishing Entrapment
Entrapment occurs when law enforcement induces an individual to commit a crime they would not have otherwise committed. In some drug trafficking cases, undercover officers or informants may pressure or persuade individuals to engage in illegal activity. If the defense can show that the defendant was coerced into committing the offense, entrapment may be a valid defense.
Courts consider whether the defendant was predisposed to commit the crime before encountering law enforcement. Proving entrapment can lead to the dismissal of drug trafficking charges, especially when police tactics cross the line of acceptable investigative techniques.
Challenging the Credibility of Witnesses
Prosecution cases often rely on testimony from confidential informants, co-defendants, or other witnesses. However, these witnesses may have motives to provide misleading or false information. Challenging the credibility of key witnesses can undermine the prosecution's case.
Defense attorneys may investigate the background of witnesses, review plea deals or incentives offered, and cross-examine them to expose inconsistencies or ulterior motives. If the prosecution's case rests heavily on unreliable testimony, the court may dismiss the charges.
Examining Procedural Errors
Drug trafficking cases involve numerous legal procedures, and mistakes during the investigation, arrest, or trial can impact the validity of the charges. Procedural errors can include:
Failure to read Miranda rights
Incorrect handling of evidence
Violations of the defendant's right to a speedy trial
Improper documentation of arrest details
Identifying procedural errors can provide grounds for dismissal. Courts may dismiss cases when law enforcement fails to follow proper protocols or violates a defendant's rights.
Exploring Diversion Programs or Treatment Options
In some cases, courts may offer diversion programs or treatment options for non-violent drug offenders. These programs focus on rehabilitation rather than punishment. Completing a diversion program successfully may result in the dismissal of drug trafficking charges.
Diversion programs typically require participation in substance abuse treatment, counseling, and periodic court appearances. Eligibility for these programs often depends on the nature of the offense and the defendant's criminal history. Defense attorneys can explore these options as an alternative to traditional prosecution.
Questioning the Validity of Confidential Informants
Confidential informants often play a key role in drug trafficking investigations, but their credibility can be questioned. Informants may provide information to law enforcement in exchange for leniency or financial incentives, creating a risk of biased or misleading statements.
Defense attorneys may challenge the reliability of information provided by informants by examining their motives and prior conduct. If the prosecution's case hinges on questionable testimony, the court may consider dismissing the charges.
Evaluating Misidentification or False Accusations
Misidentification or false accusations can lead to wrongful charges in drug trafficking cases. Eyewitness errors, unreliable informants, or mistaken identities can result in innocent individuals being charged with serious offenses.
Presenting evidence that casts doubt on the accuracy of witness identification or demonstrates an alibi can help challenge the prosecution's case. Misidentification defenses often involve scrutinizing police lineups, surveillance footage, and other identification procedures.
Understanding Ohio’s Drug Trafficking Laws
Ohio's drug trafficking laws impose severe penalties for distributing, selling, or transporting controlled substances. The severity of penalties depends on factors such as the type and quantity of the substance, prior convictions, and whether the offense occurred near a school or minor.
Understanding these laws is critical when building a defense strategy. Defense attorneys may use their knowledge of Ohio's drug laws to identify weaknesses in the prosecution's case and advocate for dismissal when appropriate.
Property, vehicles, and assets used in connection with drug trafficking may also be subject to forfeiture, adding another layer of consequences.
Negotiating Plea Agreements as an Alternative
While the goal is often dismissal, negotiating a plea agreement may be a viable option in some cases. Plea agreements can result in reduced charges or alternative sentencing options, minimizing the long-term impact of a drug trafficking conviction.
Plea negotiations can involve discussions about reducing felony charges to misdemeanors, offering community service in place of jail time, or recommending probation. Weighing the potential risks and benefits of a plea deal can help defendants make informed decisions about their case.
Importance of Building a Strong Criminal Defense Strategy
A strong criminal defense strategy involves a thorough examination of evidence, witness testimony, and procedural details. Defense attorneys analyze every aspect of the case to identify weaknesses and pursue dismissal when possible.
Key elements of a successful criminal defense strategy include:
Challenging the legality of search and seizure procedures
Scrutinizing witness testimony and informant credibility
Investigating lab testing methods and results
Identifying procedural errors or constitutional violations
A comprehensive defense approach increases the likelihood of securing a dismissal or negotiating a favorable resolution.
Pursuing Post-Conviction Relief When Applicable
If a conviction occurs despite efforts to secure a dismissal, post-conviction relief may be an option. Defendants can pursue appeals, motions for a new trial, or requests for sentence modifications based on new evidence or procedural errors.
Post-conviction relief can provide a second chance to challenge the conviction and seek a more just outcome. Defendants should consider all available legal avenues to protect their rights and minimize the long-term consequences of a conviction.
Call a Defense Lawyer Today
Getting a drug trafficking charge dismissed requires a careful review of evidence, legal procedures, and witness credibility.
Located in Columbus, Ohio, Wolfe & Mote Law Group, LLC serves Dublin, Westerville, Gahanna, and Hilliard, as well as Licking County including Newark, Heath, and Granville, Fairfield County including Lancaster and Pickerington, Delaware County, City of Delaware, Louis Center, and Powell. Contact our firm today to get started with a criminal defense attorney.