How To Get a Drug Trafficking Charge Dismissed

To begin the process of dismissing a drug trafficking charge, it’s crucial to consult with a seasoned drug crime attorney. Your lawyer can explore various defense strategies based on your case’s specific details, including entrapment, lack of sufficient evidence, or violations of constitutional rights.

By Brad Nakase, Attorney

Email  |  Call (888) 600-8654

Have a quick question? I answered nearly 1500 FAQs.

Factors for Getting A Drug Smuggling Charge Dismissed

To get a drug trafficking charge dismissed, we must first understand what factors a criminal court judge considers to drop the drug trafficking charge. When a criminal court judge evaluates the possibility of dismissing a drug trafficking charge, they typically consider factors:

  1. Reviewing Legal and Procedural Errors: The judge thoroughly examines the drug trafficking charge for any mistakes or procedural errors, such as mishandling of evidence, misapplication of the law, or failure to adhere to the process.
  2. Violations: This encompasses any violations of the defendant’s rights in the drug trafficking charge, such as unlawful search and seizure (Fourth Amendment violations), absence of Miranda warnings (Fifth Amendment), or insufficient legal representation (Sixth Amendment).
  3. Assessing Insufficiency of Evidence: The judge evaluates whether there is evidence to substantiate the drug trafficking charge. If the evidence is weak or based on grounds dismissal could be considered.
  4. Weighing Credibility of Evidence and Witnesses: The reliability of presented evidence and the credibility of witnesses play a role in this assessment. Any inconsistencies or contradictions in their testimonies for the drug trafficking charge are given consideration.
  5. Considering Entrapment Claims: If there is evidence suggesting that law enforcement induced the defendant to commit drug trafficking, they would not have otherwise committed, it may lead to dismissal by the judge.
  6. Evaluating Defendant’s Cooperation: In situations where the defendant cooperates with law enforcement in investigations, it can potentially result in a drug trafficking charge being dismissed or reduced.
  7. Defendant’s Criminal History: The defendant’s criminal history plays a role in determining whether drug trafficking charge will be dismissed. If the defendant has no record, there is a higher likelihood of their charges being dismissed compared to someone with a significant criminal history.
  8. Mitigating Circumstances: The judge considers circumstances surrounding the drug trafficking charge or the personal circumstances of the defendant. These factors can influence their decision.
  9. Public Interest: The judge considers the interest and weighs it against the severity of the crime when deciding on the dismissal of a drug trafficking charge. Furthermore, the judge’s ruling may also impact previous decisions in cases and local judicial guidelines or policies.

It is important to understand that ultimately it is up to the judge to use their discretion in balancing aspects of the case with considerations of fairness and justice. Having an experienced defense attorney can greatly assist in presenting arguments and evidence that support dismissal.

How To Get A Drug Smuggling Charge Dismissed

Getting a charge of drug trafficking dismissed can be quite a process that requires a legal approach. Here are some steps a drug trafficking criminal defense attorney can potentially take to achieve a dismissal of 21 USC 952 drug smuggling, considering the factors that judges typically consider:

  1. Hire an Experienced Defense Attorney: Retain the services of a drug trafficking charge defense attorney specializing in drug-related cases. They possess the knowledge and expertise to navigate the system and understand the intricacies of drug trafficking laws.
  2. Review the Case for Legal and Procedural Errors: Your drug trafficking charge attorney will thoroughly examine the details of your arrest and the process by which evidence was collected to identify any procedural errors.
  3. Challenge Constitutional Violations: If the police violated your rights during your arrest for drug trafficking, such as a search and seizure, your attorney may file a motion requesting that any evidence obtained from such violations be suppressed.
  4. Analyze the Sufficiency of Evidence: Assess whether the prosecution has evidence to prove beyond a doubt that you are guilty of the drug trafficking charge against you. If there are weaknesses in their evidence, your attorney may argue for dismissal based on insufficiency.
  5. Question the Credibility of Evidence and Witnesses: It is important to question the credibility of the evidence presented by the prosecution and the witnesses involved to weaken their case against you.
  6. Argue Entrapment: If there is reason to believe that law enforcement engaged in entrapment whereby, they induced you into committing drug trafficking that you would not have otherwise committed, your lawyer can present this as part of your defense strategy for arguing against guilt.
  7. Negotiate with Prosecutors: When dealing with prosecutors, you can consider some strategies. First, cooperating with law enforcement or providing information in investigations could potentially lead to negotiations for dismissal drug trafficking charge or reduced charges.
  8. Present Mitigating Factors: Another approach is to highlight mitigating factors that may work in your favor for the drug trafficking charge. These factors could include your lack of history, personal circumstances, or positive actions you have taken, such as seeking drug treatment. By emphasizing these aspects, you may be able to influence the judge or prosecution.
  9. File Motions: Your attorney can also file trial motions based on the points mentioned above. These motions can be used to dismiss the drug trafficking charge if there is a lack of evidence of violations of rights or procedural errors.
  10. Prepare for Preliminary Hearing or Grand Jury Proceedings: During the trial phase, your lawyer will prepare for either preliminary or grand jury proceedings. This involves presenting arguments that expose weaknesses in the prosecution’s drug trafficking charge in order to prevent the case from going to trial.

It is important to remember that every case is unique and whether or not you can successfully get a drug trafficking charge dismissed will depend on the facts and circumstances surrounding your situation. Seeking guidance from an attorney is crucial in navigating this process.

Have a quick question? We answered nearly 2000 FAQs.

See all blogs: Business | Corporate | Employment Law

Most recent blogs:

What Does Larceny Mean?

Larceny is a legal term for theft, referring to the act of unlawfully taking property from someone without their consent. It's classified based on the property's value, with distinctions like petty or grand larceny. This crime carries varying penalties, including fines and possible jail time, depending on the severity of the theft.

How to Handle and Beat DUI Cases

To handle DUI cases well, attorneys should have fast interactions with the DMV to protect their clients’ rights protecting evidence and courtroom dynamics for strategic negotiation. A successful defense also includes the creation of records to reduce penalties, consistent communication with customers, and readiness for negotiation or proceeding to the trial while demonstrating sympathy and perseverance.

How Drug Charges and Criminal Sentencing Operate

This article explores the legal intricacies of drug offenses in the United States, focusing on both federal and California state laws. It highlights the differences in charges and penalties for various drug-related crimes, including trafficking and possession, and discusses legal strategies for reducing or dismissing these charges.

List of Drug Charges and Sentences For Federal Offense

This article provides a comprehensive guide to drug charges and penalties in the U.S., emphasizing the severe consequences for first-time offenders in drug trafficking. It highlights the importance of understanding federal laws and the role of specialized attorneys in navigating drug-related legal complexities.

San Diego White Collar Crime Lawyer

Former prosecutor San Diego White Collar Crime Lawyer Tom Rist handles complex fraud and financial crime charges in federal and state court.

What Amount of Drugs Is Considered Trafficking?

A person will face drug trafficking charges if arrested with 100 or more grams of heroin, 500 or more grams of powdered cocaine, 5 or more grams of crack cocaine, or 1 or more grams of LSD.

How To Get Drug Possession Charges Dropped in California

You can get your drug possession charge dropped in California. A valid defense to have drug charges dismissed includes proof of legal possession or entering a drug diversion program, which is commonly used for simple possession charges.

How To Get a Drug Trafficking Charge Dismissed

To begin the process of dismissing a drug trafficking charge, it's crucial to consult with a seasoned drug crime attorney. Your lawyer can explore various defense strategies based on your case's specific details, including entrapment, lack of sufficient evidence, or violations of constitutional rights.

How serious is drug trafficking?

Drug trafficking is considered a very serious offense and incurs stricter penalties compared to drug possession. This crime is illegal under both federal and state legislation, and typically, it is prosecuted at the federal level when the accused is involved in transporting drugs across state boundaries.

What is the minimum sentence for drug trafficking in the US?

For the first offense, the sentence ranges from a minimum of 5 years to a maximum of 40 years; however, if there is death or serious injury involved, the sentence increases to a minimum of 20 years, potentially extending to life imprisonment. The fine imposed can be up to $5 million for individuals or up to $25 million for entities other than individuals. For a second offense, the imprisonment term is at least 10 years and can extend to a life sentence.

Federal vs. State Drug Crimes

People in California charged with possession of a controlled substance, carrying less severe penalties, while federal drug crimes typically involve more serious offenses like trafficking, which have significantly harsher jail or prison time.

What is reckless driving?

Reckless driving is intentional disregard for traffic laws and intentional disregard for the safety of others.

What is a 11352 HS charge?

Under Health & Safety Code 11352 HS, transporting or selling of controlled substances is a felony in California law.

Drug Defense Attorney in San Diego

Former prosecutor, Tom Rist, is San Diego drug crimes lawyer, has a track record of getting cases dismissed or reduced to a lower offense. Tom Rist is an experienced drug defense attorney can help you fight to protect your future. 

Drug Possession Lawyer in San Diego

If you or a family member is facing drug crime or drug possession charges in San Diego County, contact Nakase Law Office for a free consultation and legal options.

Drug Trafficking Attorney

An experienced and skilled criminal defense team can help your charges to be dismissed or lowered significantly. Former prosecutor, Tom Rist, has 17 years experience as a drug trafficking defense attorney.

Federal Criminal Defense Lawyer in San Diego

San Diego criminal defense lawyer near you, handling all crimes, including drug trafficking, drug possession, drug crimes, and more. Thomas Rist was a prosecutor with 17 years of experience as a drug crime lawyer. Call our criminal law firm for a free consultation at (888) 600-8654.

What is 21 USC 952? Drug Smuggling

A person charged with 21 USC 952 for smuggling meth, cocaine, heroin, or marijuana may have have no prison time or up to life in prison, depending on the quantity of the illegal drug.

Contact our attorney.

Please tell us your story:

1 + 3 = ?