Building a Montgomery County Federal Drug Defense

Lawyers go about developing a defense strategy to federal drug cases by typically using some of the same resources they use in state court as in federal courts. They would use the United States Constitution and the Fourth, Fifth, and Sixth Amendments. They would investigate any witnesses and attempt to tell a story of innocence as opposed to guilt through those witnesses and through any other evidence they could provide. They would also look for any legal errors on the part of the government during the course of the case and attack those weaknesses with motions and argument before the court.

Those who have been charged with a narcotics offense should reach out to a diligent federal drug lawyer to learn about your legal options. Speak to an attorney to begin building a Montgomery County federal drug defense.

Common Defense Strategies

Some common defense strategies for federal drug cases include the use of the constitutional amendment, investigating witnesses, and bringing motions to attack any part of the case that was not observed and has to be proven by inference alone.

The credibility of the witnesses can also be used as a defense. If the investigating officers have prior misconduct, complaints against them, or simply testify to a fact that can be impeached. A seasoned attorney could help with building a Montgomery County federal drug defense.

Constitutional Issues That May Arise

Some of the most common constitutional issues seen in federal drug cases are search and seizure law or the Fourth Amendment. This occurs when the federal authorities search cars and homes without probable cause or without a warrant. These search and seizure issues come up often.

Additionally, issues with the Fifth Amendment arise, especially if law enforcement is trying to implicate the defendant or get the defendant to incriminate other people. Also, there could be constitutional issues if the defendant did not have their Miranda rights read. That would lead to suppressing any statements that were given by the defendant if the judge rules in favor of the attorney on the issue of a coerced statement.

Finally, the Sixth Amendment and the right to a lawyer and the right to cross-examine witnesses may be an issue. If any witnesses are unable to be present or unable to testify because they have their own criminal cases or are unavailable for trial, this would be something the defense attorney can attack.

Evidence In a Drug Case

In a federal drug case, the types of evidence typically presented include digital evidence such as computer search records, cell phone records, and tracking or triangulating locations through cellphone towers. Other evidence include the testimony of various officers from the federal agencies and reports from drug experts if drugs were recovered and tested. The specific weight of the drugs would also have to be proven through evidence.

Generally, federal drug cases will see a much wider variety of evidence provided as these authorities have more time and money to dedicate to investigating their cases. It is best to speak to a skilled lawyer about building a Montgomery County federal drug defense.

Seek Help From a Federal Drug Attorney

The qualities a client should look for when they hire a federal drug attorney include someone who can explain the role of federal courts because it is different from state-level offenses. A lawyer should walk them through the various outcomes that might be ahead of them. They should look for someone who is willing to investigate and put a lot of time in preparing their case for trial. If there is going to be a negotiation, they want someone willing to take the time to investigate and present every mitigating aspect of their case so that they could get the best result possible. If the case is going to be trial, they will want an attorney who is experienced at cross-examining police officers and drug experts.

Schedule a consultation today to begin building a Montgomery County federal drug defense.