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Defenses to Federal Drug Charges

United States Code Title 21 creates the provisions which form our federal drug laws. These charges can be extremely intimidating due to their national nature and the elevated, life-changing penalties a conviction can levy. However, you shouldn’t lose hope; a number of defenses exist that could be the key to you being cleared of charges. You should seek the assistance of a skilled Kansas City drug crimes attorney with federal court experience, who can work together with you to determine whether any of these common drug crime defenses apply to your case.

Common Federal Drug Crime Defenses

Drug Possession – The simplest drug crime may also have the simplest defense: if you did not know about the presence of drugs on you or in your home, car, or other space, then you are not actually guilty of drug possession. Say you borrowed your friend’s car to run an errand, were pulled over, and police conducted a search of your car and found drugs hidden under the passenger seat. You and your attorney can argue you did not know about the presence of the drugs, which is a valid defense in federal court.

Sale to an Informant – It’s not uncommon for law enforcement officers to go undercover when trying to take down a large drug operation. In some cases, however, they go too far. Depending on the circumstances, they may try to compel you to do something you wouldn’t otherwise have been predisposed to doing and then arrest you for it. This is known as entrapment, and proving it can get the charges levied against you dropped in many cases.

Conspiracy – Federal drug laws make simply conspiring to commit a drug crime, such as sale, possession, or manufacturing, a punishable offense. This is a slippery slope for many cases because prosecutors don’t actually need physical evidence to levy these charges against you. These cases are hard to defend, but a skilled attorney can work to prove that you were not actually conspiring to commit a drug crime. It’s strongly recommended you don’t face these charges alone.

Illegal Search – In order for police to be able to perform a legitimate search, they must either obtain your permission or get a warrant that has been signed by a judge. In order to obtain a warrant, police must present a valid case for what they believe they will find, where they plan on searching, and when they plan on performing the search. Sometimes the information used to obtain the warrant may be “stale” or exaggerated, which would mean the warrant was obtained under false pretenses. If your attorney can demonstrate that any evidence acquired from a search where the warrant didn’t have a legitimate base, the evidence against you could be suppressed and your case dropped.

Canine Search – If you were searched using a drug-sniffing dog, you actually may have a better chance of having your charges dropped than you might think. Drug dogs must be handled in a very specific way. A dog’s record when it comes to success finding drugs goes a long way in proving its reliability, and if its handler was not properly trained or improperly followed procedures, evidence against you may have been found without establishing probable cause. Discuss your case with an attorney to see if any of these provisions apply to you.

If you are facing federal drug crime charges, Rokusek Stein Law, LLC can help! We are a widely-recognized law firm that has been ranked in the Top One Percent by the National Association of Distinguished Counsel. As a former federal and state prosecutor, including being a Special United States Attorney prosecuting drug crimes, Attorney Jacquelyn Rokusek gained the experience and knowledge she now uses to combat these charges and stand by her clients. Her proficiency and dedication to ethical conduct as well as long list of courtroom successes has earned her a coveted 10.0 Superb rating from Avvo, as well as numerous other prestigious honors.

Call Rokusek Stein Law, LLC today at 913.583.0465 and start reviewing your case with a free consultation!


criminal defense firm

attorney rokusek is a mock trial instructor for the johnson county police academy and serves on the federal criminal justice academy (cja) panel for the district of kansas and on the federal attorney appointment list. she is also a master attorney in the earl e. o'connor american inn of court.

at rokusek law, llc, our lawyers have a reputation for offering a high-standard of professional service. this is shown by the multiple honors that we’ve been awarded over the years.

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