When a person is accused of committing a drug trafficking crime, the consequences can be devastating. Family and friends may not offer any support, the person’s career could be in jeopardy, and, if found guilty, they may serve significant prison time. If you have been charged with a drug trafficking crime, speak with an experienced drug trafficking defense attorney in Tampa.
There are a variety of ways in which the authorities can wrongfully charge a person with a crime. In the following article, we will cover three ways that a person is wrongfully charged with a drug trafficking crime.
Unlawful Search and Seizure
Many times, the police overstep their legal boundaries in order to charge a person with a crime. This is a common occurrence in drug trafficking cases. Without probable cause or a search warrant, it is unlawful for the police to search a person, their vehicle, or their home. The Fourth Amendment of the Constitution protects a person’s rights pertaining to their private property. If the police cannot provide a legitimate reason why a search and seizure was conducted, the evidence gathered from this unlawful act should be removed from a case.
In many examples of drug trafficking arrests, a person is coerced into committing a drug crime by another party. If an undercover law enforcement agent persuades an innocent party into committing an illegal act this is considered entrapment. It’s important to remember that the police must show that their intent was to disrupt an ongoing drug activity. If a police officer encourages a person into committing a crime then the charges should be dropped against the accused party.
Unaware of the Drugs
In some cases, a person is charged with drug trafficking when they were unaware that drugs were in close relation to their person. For example, if a group of people are traveling together in a vehicle and one person is in possession of drugs, the other people in the vehicle should not be charged with the crime. If the accused party had a lack of knowledge about the drugs being present in the car, they were not in control of the contraband and should not be considered responsible for or in possession of the illegal substance.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.