If you are facing drug trafficking charges in Virginia, you must act quickly. The state imposes serious penalties on anyone convicted of trafficking drugs, so it is imperative that you do everything possible to fight your charges. When you work with an experienced criminal defense attorney, your odds of a successful outcome—including possible dismissal of your charges—increase dramatically. Therefore, as a criminal defendant, you should contact an experienced lawyer as soon as possible for assistance. In this article, we discuss how to have your drug trafficking charges dismissed.
Examine the Evidence
The first step in having your drug trafficking charges dismissed is closely examining the evidence in your case. By closely examining all available evidence, you and your attorney will seek to identify evidentiary inconsistencies or weaknesses, which can then be used to defend your charges in court. Issues to focus on when examining the evidence in your case include:
- The chain of custody: In a drug trafficking case, the prosecution is required to establish that the chain of custody for the drugs that were seized was unbroken. If your attorney discovers any discrepancies or gaps in the chain of custody, then he or she can argue that the seized drugs should be inadmissible in court.
- The search and seizure: When the authorities conduct an illegal search or seizure, anything they discover during the process must be excluded from evidence, including illegal drugs. Therefore, if your attorney can prove that the drugs discovered in your case were the product of an illegal search and seizure, then this provides a strong defense to your charges.
- Drug test accuracy: Finally, when reviewing the evidence in your case, your lawyer should closely examine the drug test procedures and results to ensure their reliability and accuracy. If there is reason to believe that the results of the tests are inaccurate, then your lawyer can argue that they should be excluded from evidence.
Explore Possible Defenses
In addition to closely examining all evidence in your case, you and your lawyer should explore all potential defenses. Common defenses to drug trafficking charges include:
- Lack of intent or knowledge: To obtain a drug trafficking conviction, the prosecution must demonstrate to the court that you intentionally and knowingly trafficked drugs. If you can prove that your behavior lacked intent or knowledge, then the court may dismiss your charges.
- Entrapment: When the police coerce a person to commit a crime that he or she wouldn’t have otherwise committed, this is known as entrapment. If your attorney can prove that you were entrapped by the authorities, then the court may throw out your case.
- Duress or coercion: If your lawyer can demonstrate that you were forced to traffic drugs against your will, then this provides a valid defense to your charges.
Hire an Experienced Virginia Criminal Defense Lawyer
Finally, if you are facing drug trafficking charges in the state of Virginia, you need an experienced criminal defense attorney in your corner. At Walker Jones, PC, our criminal defense lawyers will mount an aggressive defense against your criminal charge. When you come to us for help, we will do everything possible to obtain a successful result in your criminal case. Please contact us as soon as possible to schedule a free initial meeting with one of our respected attorneys.