The first step in attacking a drug charge is to thoroughly investigate all facets of a drug arrest and detention to determine the legality of the search and seizure of the alleged contraband. Illegal search and seizure is one of the most overlooked issues by most lawyers and must be aggressively attacked to not only protect our clients but also to discourage future illegal acts committed by law enforcement. Evidence that has been determined by the Court to be illegally obtained cannot be used against a Defendant in the Government's prosecution.
Diligence and vigorous representation is the key to keeping our clients out of jail. It is only through aggressive advocacy that the best results are obtained.
Defending in Federal Court
The United States Attorney's Office usually prosecutes cases investigated by the DEA, FBI or another Federal “alphabet” agency. These agencies are usually focused on a bigger picture than State court. Often, by the time our client is aware that he is a target of a Federal investigation, the government has been working the case for many months or even years. Often, the only way that an accused can reduce his punishment under sentencing guidelines is to quickly admit guilt and agree to cooperate with the government. A good federal defense attorney may wind up being the best advocate for his client by negotiating a plea agreement that favors his client, as opposed to arguing the weakness of the facts.
Federal Sentencing Guidelines
The U.S. Supreme Court has recently ruled that Federal Judges are not bound by the Federal Sentencing Guidelines when determining the sentence for a Defendant. However, the Court suggested that Federal District Judges consult the guidelines as advisory in considering the proper punishment. This makes the work of your Attorney even more crucial, as strong lawyering can often shave years off a federal sentence.
Seizure of Cash or Property in a Drug Case
More and more we have seen law enforcement attempting the seizure and forfeiture property, usually cash and automobiles, that are used or even merely in the possession of the defendant during an arrest for drug possession.
Because this type of asset forfeiture falls in civil rather than criminal court, the defendant does not have all the constitutional rights that govern in criminal court. In attacking the often illegal seizure of a defendant's personal property in civil court it is crucial you contact an attorney immediately as there are time limits and procedures that must be followed to properly protect your interest in any seized property.
Illegal Search and Seizure