What Factors Can Lead to the Dismissal of Federal Drug Charges?

Convictions for federal drug charges come at a high cost. Offenders face financial loss through high fines, loss of future opportunities, and loss of freedom. Federal drug charges come with mandatory minimum sentences. Even a minimum prison sentence costs the offender their freedom, at least temporarily, but maybe for much longer–perhaps a lifetime. Once released, offenders still have a criminal record that can prevent them from holding certain jobs, exercising particular civil rights, or “passing” a potential landlord’s background check.

A Phoenix federal crimes lawyer from Suzuki Law Firm is here to help if you are facing federal drug charges. Our team comprises former prosecutors with inside knowledge of how prosecuting attorneys seek convictions, and we put this experience and knowledge to work for you. A Phoenix federal drug crimes defense lawyer from our team will work to get you the most favorable outcome possible and will pursue all avenues to have your federal drug charges dismissed.

Sentences for Federal Drug Charges

A report by the Congressional Research Support (CRS) states that “as a general rule,” federal judges sentence those convicted of federal drug offenses to a minimum term of imprisonment, with the severity of the term depending on several factors. Among others, these factors include:

• The type and amount of drug involved
• The defendant’s prior convictions
• Deaths or injuries resulting from the crime
• The use of firearms or other weapons in the commission of the crime
• The commission of other unlawful acts during the commission of the crime

All crimes start at a base level, and that level of severity rises or lowers according to relevant mitigating or aggravating factors. A sentencing table established by the United States Sentencing Commission (USSC) illustrates the complexities of these levels. A skilled Arizona federal drug crime attorney who understands these laws can fight to have charges and penalties mitigated–but will also investigate other elements of the alleged crime to find grounds for having charges dismissed altogether.

Grounds for Dismissal of Federal Drug Charges

You have rights. And our criminal justice system operates under a set of strict rules. If your rights are violated or the prosecution fails to play by the justice system’s rules, there may be grounds to have your charges dismissed.

When facing federal drug charges, you need an attorney who knows the rules both sides have to follow and who knows your rights. The team at Suzuki Law Firm has this knowledge. You can trust your federal drug crime defense lawyer in Arizona (a former prosecutor) to examine the circumstances of your arrest, the evidence presented by the prosecution, and your treatment under the criminal justice system overall and expose any violations that could prompt a case dismissal.

Illegal Search and Seizure

Under the Fourth Amendment of the United States Constitution, you are protected from unreasonable searches and seizures by the government–which includes law enforcement agents. Law enforcement cannot conduct searches of your car or your person without reasonable cause and cannot search your home without a warrant. If your arrest on drug crimes charges came from an illegal search or seizure of your property, the arrest itself may be a violation of your civil rights and grounds for dismissal.

Inadmissible Evidence

The prosecution’s case must be built on evidence. Your federal drug crime lawyer will analyze that evidence–how it was found, who had control of it, and even what it contains. Sometimes, this analysis proves the evidence is inadmissible, and without its admission into your case, the prosecution has no case.

For evidence to be admissible in court, the prosecution must show an unbroken “chain of custody” for that evidence. Every moment of that evidence’s history, from the time it was found until it makes it to court, must be accounted for. If there are gaps in that history or times when no one had oversight of the evidence, your lawyer may be able to have it excluded.

Often, evidence in drug cases comes from lab results. The prosecution has to prove the substance in question is actually illegal and of a certain amount or purity. Labs can make mistakes, and if they make errors in your case, your attorney will be sure to expose the problem.

Affirmative Defenses

Through an affirmative defense, your attorney will introduce evidence in an effort to negate your criminal liability. One affirmative defense is “criminal entrapment,” which argues that law enforcement used a tactic such as a “sting” to trick you into committing the crime. If that “trick” is the only reason you performed the alleged act, you may see your charges dismissed.

“Duress” is another affirmative defense. It argues you only committed the alleged criminal act because of threats of harm, and any reasonable person would have likely responded the same way.  For example, if a gang member threatened to kill you or your family unless you moved drugs for them, there may be grounds to have your charges dismissed.

Government Misconduct

Just as the government cannot perform illegal searches, they cannot:

• Interrogate you after you have asked for an attorney
• Treat you differently based on race, religion, gender, or other factors
• Use excessive force against you
• Coerce you into a confession

Arresting officers must also read you your Miranda Rights and file an error-free criminal complaint upon charging you. If law enforcement acted illegally, failed to read you your rights, or made errors in the criminal complaint, your federal drug crime defense attorney in Arizona will fight to have your charges dismissed.

Knowledgeable, Experienced Representation

The best people to defend you against federal drug crimes are former prosecutors. We know how the prosecution works, can anticipate their strategies, and understand the rules they are required to follow. We will meet the prosecution’s techniques head-on, working to have your charges dismissed. Federal charges have life-changing consequences. Put your case in the experienced, knowledgeable hands of a federal drug crime defense lawyer from Suzuki Law Firm. We will do our best to make those charges and penalties disappear so you can look toward a brighter future.

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