What Are the Potential Defenses Against Federal Drug Charges?

If you face federal drug charges, you must take these accusations seriously. Strict guidelines will be followed to determine your sentencing, which may result in significant prison time, fees, and penalties. Your legal representation should have substantial experience and knowledge of federal laws. 

When you work with a Phoenix federal drug crime lawyer at Suzuki Law Offices, we will treat you with integrity and respect. We are your voice in action, striving to protect your rights under the law. Our insider perspective as former prosecutors makes us your choice for trusted defense, allowing us to effectively present these possible defenses when they apply to your case.

Lack of Intention or Knowledge 

Clear and convincing evidence must exist of your intention to distribute or knowledge of a drug and its existence. Sharing a space with someone, accepting a ride, or any other situation that places you in the company of someone intending to distribute or traffick an illegal substance may lead to you facing federal drug charges. Proof may exist for this defense when:

• You were mistakenly identified as someone intending to commit illegal activity
• You possessed drugs but had no intention of distributing them
• You were unaware of the drugs in your vicinity 

Possessing drugs may still result in federal penalties under the law. And it is a valid question to wonder if you can be arrested for drugs that weren’t yours. One of the significant roles of a Phoenix federal drug crime attorney is to ensure the charges against you are accurate instead of the result of an over-initiated drug arrest.

Duress

The demand for individuals to distribute and transport drugs is high. A federal drug crime lawyer in Phoenix may demonstrate that you were forced or coerced against your will to commit a drug crime. The following elements must exist in proving duress as a defense:

• You faced significant harm or the threat of imminent death by someone expressed in their words or acts
• No acceptable opportunity to avoid the crime existed
• The situation occurred through no fault of your own

When duress occurs, no way to escape the dangers imposed by an individual is available. Forcing someone into criminal activity is a serious offense, and individuals are knowingly made to participate in drug crimes against their will. Learn more about when a drug crime becomes a federal offense. 

Procedural Defenses

Every individual has certain guaranteed constitutional rights. Failing to recognize your rights may lead to a violation of those rights. Procedural errors may be used as a defense against federal drug charges in Phoenix when:

• You are unlawfully stopped without reason
• Illegal search and seizure occurs in your car, home, or on your person
• Law enforcement fails to obtain a search warrant 
• You were not read your Miranda rights

When your constitutional rights are violated, you have a valid defense, and we will diligently scrutinize the actions of law enforcement for procedural errors. A motion may be made to withhold any evidence collected due to these violations. Any statements you make may be suppressed without having your Miranda rights read. 

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Lack of Sufficient Evidence

The evidence submitted by the government must be convincing and support the charges against you. Without solid evidence, the charges may be dismissed. Evidence may be disproven through:

• A lack of credible witnesses producing inconsistent or biased statements
• Expert witnesses lacking sufficient credentials or methods
• Questionable forensic tests

You may question if a Phoenix criminal defense lawyer can challenge the evidence against you. 

We have effective strategies to defend your rights and freedom. When evidence does not support the federal charges against you, we will work to uncover insufficiencies. 

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Misconduct by Law Enforcement

In addition to illegal search and seizure, the defense of criminal entrapment may be used against federal drug charges in Arizona. Entrapment occurs when the idea to commit a crime is initiated by law enforcement, and their ideas then induce someone to commit a crime. To prove entrapment, a federal drug charges attorney in Phoenix must prove:

• Law enforcement or governmental agents initiated the idea of committing a crime
• You were urged and induced to commit the act by law enforcement using fraud, harassment, or threats
• You had no predisposition to commit the crime

Entrapment is defined by Arizona Law §13-206 and is a valid defense against federal drug charges. When potential defenses such as entrapment exist, You need Suzuki. Undercover sting operations are lawful in Arizona, making entrapment and illegal activity challenging to differentiate between. 

How a Phoenix Federal Drug Charges Lawyer Can Help You

Suzuki Law Offices brings decades of experience from both sides of the law to your case with an established understanding of what you are up against. Feeling emotionally charged when facing a federal charge is natural and expected. We are the calming voice of guidance, helping you by:

• Explaining the typical timeline of Phoenix criminal cases
• Navigating federal drug crime laws
• Addressing your concerns and questions with an honest, straightforward approach 
• Always being available when you need us, offering support for you and your family
• Striving for lesser charges and penalties when initial charges cannot be dropped
• Working toward an agreeable plea deal and explaining when accepting a plea bargain is in your best interests
• Applying every defense strategy that applies to your case
• File an appeal, following specific procedures and timelines when applicable

Trust and collaboration should exist between a Phoenix federal drug crime lawyer when federal drug charges threaten to upend your world. We strive to understand the totality of your situation through open communication and transparency. Suzuki is your lawyer, ready to represent your rights and take action.

Contact a Phoenix Federal Drug Charge Lawyer

Taking immediate action and preparing a solid defense are the intentions of Suzuki Law Offices when representing your case. We will immediately offer you reasonable steps to take to protect your rights against charges of considerable weight. Schedule a free consultation to discuss your case and learn more about how we can help throughout the legal process. 

Call or text 602-682-5270 or complete a Free Case Evaluation form