There are several possible defenses to federal drug charges. One defense might counter the claim that the drug is indeed what the authorities claim it is. For example, if the authorities claim that someone was in illegal possession of a controlled substance, then a chemist or laboratory could conduct an analysis to determine the identity of the substance. Oftentimes, analyses on chemicals seized by the government will reveal that they are not even close to what the authorities thought they were.

Another defense is that illegal drugs were obtained illegally by the authorities as a result of wrongful conduct, an illegal search, or something similar. If it can be shown that drugs were illegally obtained, then competent counsel could file a motion to have them thrown out as “fruits of the poisonous tree.”

I once handled a case in which the authorities claimed that a crime occurred on an Indian reservation in Utah. We had investigators use G.P.S. to determine the coordinates of where the crime actually occurred, which revealed that the crime did not actually occur on the Indian reservation. This was important, because it prevented the case from being prosecuted in federal court. As a result, the case was returned to the state, which benefited my client.

Will My Federal Drug Case Be Dismissed If The Authorities Went Beyond The Scope Of The Search Warrant?

It’s quite common for authorities to go beyond the scope of a search warrant. When this occurs, motions to suppress evidence can be filed, and if successful, the drugs that were obtained illegally by the authorities would be excluded from evidence. Oftentimes, successful motions to suppress evidence will result in a case being thrown out altogether for lack of a sufficient amount of evidence.

What Potential Miranda Violations Can Help My Federal Drug Case?

Miranda violations occur quite often. Miranda rules apply to statements which are made by a subject while they are in custody and being interrogated. If during a custodial interrogation an individual were to make an incriminating statement and the Miranda rights were never read to that individual, then the incriminating statement they made could be thrown out. Miranda rights are definitely considered when determining the defense and strength of the government’s case against someone who has been accused of a drug crime.

For more information on Possible Defenses To Federal Drug Charges, a free consultation is your next best step. Get the information and legal answers you are seeking by calling (702) 241-7453 today.

Matthew L. Nebeker

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