State Drug Charges
The landscape has changed a lot over the last 10 years for drug possession cases at the State level. The paths have opened up pretty wide for diversion. What this means for you is that where you have been found in possession of drugs that are more for personal use (unless you have been caught in a smaller county), the focus is to rehabilitate you through anti-drug addiction programs in the hopes of combating addiction and not necessarily labeling you with a criminal record.
If you are charged with delivery, or possession with intent to deliver, or any drug conspiracy at the Federal level, the method of attack is much different. We are often looking to the reason why an individual was stopped on the roadside and why the vehicle was searched. Or, we may be fighting against a search warrant for a property. We may be preparing for a trial and having to cross-examine a cooperating witness who has made a deal with the Government to testify for them against you in exchange for some benefit. There are many levels of attack in these cases and that will depend upon the individual facts of the case. Case law has evolved to where police can not wait an indefinite amount of time for a drug dog to arrive to search a car with its handler based on a routine traffic stop. Warrants are also needed to search through an individual’s cell phone.
These issues will all be explored in the client’s case as well as scouring the forensic and laboratory evidence allegedly linking the client to the crime. As always, we will be ready for trial.
Federal Drug Charges
Federal Court is a completely different process than State Court. To succeed the strategy must be completely different. This is where you will see your high-end drug conspiracy charges.
The biggest differences between Federal and State cases are that in Federal Court:
- The prosecutors themselves have helped law enforcement run an investigation, sometimes for years and the prosecutors will not normally present a case to a grand jury for indictment unless the prosecutors are convinced beyond any doubt that the person is guilty; and
- There is much less flexibility in sentencing in the Federal system as the Judge decides sentencing and while the Federal Sentencing Guidelines are no longer mandatory, the Judges still rely upon them heavily.
Whether you are dealing with a state or federal drug charge we have the experience, knowledge and expertise to guide you through the difficult process.
Contact our criminal defense team today by calling (512) 647-2598 or requesting a free consultation online now.