If you have been charged with drug trafficking, it is essential to have a good defense strategy. Drug trafficking is a serious charge, and without a plan in place you can find yourself behind bars for a long time. The Law Offices of Elliott Kanter are experts when it comes to providing defense against drug trafficking charges, helping individuals in San Diego find justice for more than 35 years. We will provide some tips on how to defend yourself against a drug trafficking charge, but first it is important to understand what it means to be charged with drug trafficking.
What is Drug Trafficking and Drug Trafficking Penalties?
Drug trafficking is the sale, transportation, import, and distribution of illegal drugs such as heroin or cocaine. The punishment for drug trafficking can vary based on the circumstances and the type of drugs involved, but is generally in the neighborhood of 3-5 years in prison.
Defense Against a Drug Trafficking Charge
Like any crime, there are ways to effectively defend yourself against drug trafficking charges. Many of these defense strategies require special circumstances, but these strategies could be the difference between walking free or going to prison if they apply to you.
Unaware of the Presence of Illegal Drugs
Many people are trafficking drugs without even knowing it. For example, a truck driver could be transporting a routine shipment when suddenly they are pulled over. When the authorities open the back of the truck, the driver can be shocked to find drugs in the back, instead of the usual products they transport. Ignorance of the possession of drugs for distribution can be an effective defense strategy to drug trafficking charges, but you must be able to prove you had no knowledge of what you were transporting.
Trafficking Drugs Under Threat of Danger
In a few special cases, individuals may be forced to traffick drugs under the threat of danger. This could manifest itself as a direct threat of violence if you refuse to traffick drugs for the dealer, or a threat to hurt or kidnap your loved ones if you do not successfully traffick drugs for them. Since you are acting to protect yourself or your loved ones from harm, this is a defense strategy that can get you off of drug trafficking charges.
The Police Did Not Have the Proper Documentation to Conduct a Search
Even if you are clearly guilty, the law demands that the authorities go through the proper protocol to make an arrest. If the police do not have a search warrant, the charge can be thrown away. Even if drugs are found, the fact that a warrant was not obtained can negate the case.
Wrong Place, Wrong Time
Sometimes, people just have bad luck. If you are found at the scene of a drug distribution operation, it is possible you were just at the wrong place at the wrong time. This will require a mountain of evidence to prove that you have no affiliation with the drug trafficking ring, but a good attorney can help you find the necessary support for this argument.
Drug Trafficking Defense Attorneys at The Law Firm of Elliott Kanter
If you are charged with drug trafficking in San Diego, The Law Firm of Elliott Kanter can help. We can help clear you of any drug distribution charges using some of the defense tactics outlined above. We will fight for you, and do everything to either get you the minimum drug trafficking penalties or get any drug trafficking charges off your record. If you are interested in learning more, give us a call at(619) 330-5881.