How To Beat A First Time Offender Drug Trafficking Charge

A first-time offender drug trafficking charge is a felony offense. Don’t risk going to jail because you don’t have the criminal defense attorney to beat the drug trafficking charge.

By Tom Rist, Former Prosecutor

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What should a first time offender do when facing a drug charge?

Even if you’re a first time offender drug trafficking, the possession, and sale of drugs, or controlled substances, is illegal under federal law and California State law. It can be a nerve wracking experience being a first time offender drug trafficking charge. It is therefore extremely important to consult an experienced lawyer, who can help an individual overcome a first time offender charge.

There are a series of established laws concerning controlled substances at the federal level. These laws were put in place to combat drug abuse. As well as these laws on the federal level, every state has its own series of laws that address the sale and movement of drugs. Trafficking is considered a felony crime and therefore has more serious consequences than other kinds of drug offenses.

Trafficking charges are different than other drug Crimes since they involve distributing, manufacturing, intending to manufacture, dispensing, or distributing drugs, usually in amounts greater than those involved in simple possession charges. If a person is charged with a first-time drug trafficking offense, they will not be treated as severely as repeat offenders. However, the amount in type of the drug involved, as well as the location of the alleged distribution, will have an impact.

What are the penalties for first time drug trafficking?

A drug trafficking offense, even if it is a first-time charge, qualifies as a felony. If an individual is convicted of drug trafficking, they could receive hefty fines, reputational damage, seized assets, and jail sentences of at least a year. A first time offender drug trafficking  can be frightening. A first time offender drug trafficking should contact a drug trafficking lawyer who can create a strategy to defend them against the charges.

What rights does a first time offender of drug trafficking have?

If a person is convicted of a felony, they may face lifelong serious consequences. However, felony drug convictions are especially severe for what are usually nonviolent offenses. An experienced first time offender drug trafficking lawyer can help an individual know their rights and place them in a position of power to defend themselves.

It is critical that an individual understands their right to have legal representation prior to speaking about their case. This ensures that the individual has in opportunity to defend themselves with the help of an experienced first time offender drug trafficking lawyer. It is therefore important that an individual stays calm and does not sign or say anything without an attorney present.

How do you beat a first-time drug trafficking charge?

While it can be overwhelming to be charged with drug trafficking, just because you may be charged does not mean you will be convicted. It is essential that you hire an experienced drug trafficking defense lawyer as soon as possible. Often, a skilled drug crimes lawyer can create the right defense to overcome a first-time charge of drug trafficking. While there might not be the perfect solution to beat the charges, there are definitely other ways a lawyer can help to avoid jail time, fines, or request reduced consequences.

What needs to be proven to convict someone of federal drug trafficking?

For a first time offender of drug trafficking to be convicted of federal drug trafficking, the prosecution needs to prove beyond a reasonable doubt that the defendant had the intent to traffic, or move, drugs. If the defendant had no knowledge that they were transporting controlled substances, then they cannot be convicted of drug trafficking on a federal level.

What are defenses to a charge of drug trafficking?

The specific defense used will depend on the circumstances of a case. An experienced criminal defense attorney can present a strong argument that will defend their client against a drug trafficking charge. Possible defenses include the following examples:

  • Lack of evidence: The prosecution may not present sufficient or reliable evidence that can prove beyond a reasonable doubt that the defendant intended to traffic drugs.
  • No intent to traffic controlled substances: The defendant may not have been aware that they were trafficking drugs.
  • Illegal search and seizure: The police performed an illegal search of the defendant’s property, such as their home or car.

 What punishments come with a drug trafficking conviction?

A drug trafficking conviction comes with serious penalties, though these will depend on the specific nature of the case at hand. The following are some factors that are considered when the judge determines the sentence:

  • Past history of criminal activity (previous drug trafficking convictions)
  • The quantity of substances trafficked
  • The kind of drug trafficked
  • If the drug trafficking caused a serious injury or death

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