How To Defend Against Drug Trafficking Charges

The legal system can be daunting, especially when facing serious charges like drug trafficking. This guide is designed to help you understand the process of defending against drug trafficking charges in New Hampshire by outlining essential steps and strategies. However, every case is unique and requires a tailored solution.

Consider scheduling a free consultation with Attorney Wiberg, a Portsmouth drug crimes attorney at Wiberg Law Office, PLLC, to discuss your specific situation.  

First, Understand the Charge of Drug Trafficking in New Hampshire

Drug trafficking is a serious offense in New Hampshire and involves the illegal production, distribution, or sale of controlled substances (New Hampshire Revised Statutes Section 318-B:2). The definitions and penalties for drug trafficking can vary based on the type and quantity of drugs involved.

Understanding these specifics is crucial, as the consequences can range from hefty fines to significant prison sentences. In New Hampshire, penalties are typically severe, prioritizing the protection of public health and safety. Therefore, it is vital to comprehend the legal framework surrounding your case to build a solid defense. 

Second, Consider Contacting an Attorney to Prepare Your Defense

Given the complexity and severity of drug trafficking charges, hiring an experienced criminal defense attorney can make a huge difference. A drug crimes attorney can provide invaluable insights into the intricacies of the law, assess your case's strengths and weaknesses, and develop a strategic defense plan.

They will guide you through the legal process, ensure your rights are protected, and work towards achieving the best possible outcome—whether it's a dismissal, a reduction of charges, or an acquittal at trial. Under the professional conduct rules for attorneys, it is unethical for a lawyer to guarantee a specific result, but hiring an experienced and zealous attorney will greatly improve your chances. The proliferation of television programs such as Judge Judy and the People's Court has given many people the impression that self-representation is a viable option. Be warned: trying such an option would be like attempting to do brain surgery on yourself to avoid paying a competent and experienced neurosurgeon.

Third, Work with Your Attorney to Review the Evidence Against You

One of the most critical steps in defending against a drug trafficking charge is to meticulously review the evidence. This involves examining all police reports, witness statements, forensic analyses, and any other documentation related to the case.

A good criminal defense attorney will look for inconsistencies, procedural errors, and weak links in the prosecution's evidence. By identifying flaws in the evidence, such as improper searches or lack of probable cause, your attorney can file motions to suppress evidence, which may lead to a dismissal or reduced charges. 

Fourth, Prepare to Go to Trial

If the possibility of a dismissal does not present itself early on, preparing for trial becomes essential. This involves crafting a strong defense strategy, which might include presenting evidence, cross-examining witnesses, and employing experts to challenge the prosecution's claims.

Your attorney will also prepare you for court proceedings, ensuring you understand what to expect and how to present yourself effectively in front of a judge and jury. Your attorney's goals should be to prevent the prosecution from violating the rules or using improper tactics, to hold them to their burden of proof, and to create reasonable doubt about your involvement in drug trafficking. 

What Does It Mean to Get a Charge Dismissed?

A dismissal occurs when the prosecution or a judge decides not to proceed with the case against you. This can happen for various reasons, such as insufficient evidence, violations of your constitutional rights, or procedural errors by law enforcement. A dismissal means the charges are dropped, and you do not face a trial. It’s crucial to note that a dismissal is different from a not guilty verdict at trial; it prevents the case from reaching that stage altogether. 

What Happens if You Cannot Get Your Charge Dismissed?

If your charge cannot be dismissed, it is essential to explore other legal options. This might include negotiating a plea bargain, where your attorney works to get the prosecution to reduce the charges or penalties in exchange for a guilty or nolo plea. Alternatively, you may choose to proceed to trial, where the burden of proof lies with the prosecution. In both scenarios, having a competent attorney by your side ensures you are well-represented and that all potential defenses are explored. 

Possible Defenses to Drug Trafficking Charges

Let’s review some potential defenses when facing drug trafficking charges:  

• Lack of knowledge: Arguing that you didn’t know about the presence of drugs can be a viable defense, especially if the drugs were found in a shared space. 

• Illegal search and seizure: If law enforcement obtained evidence without a proper warrant or probable cause, it could be deemed inadmissible in court. 

• Entrapment: This defense suggests that you were induced by law enforcement to commit a crime you would not have otherwise engaged in. 

• Duress or coercion: Claiming that you were forced or threatened to commit the crime can be used as a defense. 

• Insufficient evidence: The prosecution must prove beyond a reasonable doubt that you committed the crime, so highlighting weak or insufficient evidence can be effective. 

• Chain of custody errors: Any break in the documented handling of evidence can cast doubt on its integrity and possibly lead to dismissal or acquittal. 

• Mistaken Identity: Arguing that you were misidentified as the perpetrator can be a defense, particularly if there is limited or unclear evidence linking you to the crime. 

Other defenses may be available, so you need to discuss your specific case with an attorney.  

How Long Can It Take to Get a Drug Trafficking Charge Dismissed?

The timeframe for getting a drug trafficking charge dismissed can vary greatly depending on the complexity of the case, the volume of evidence, your attorney’s skills, and the court's schedule. In some cases, a dismissal can happen relatively quickly if procedural errors are evident.

However, more complicated cases may take months or even years to resolve. Working closely with your attorney to understand the likely timeline and strategize accordingly will be beneficial in navigating the legal process efficiently. 

Work With the Wiberg Law Office to Get a Good Result

If you don’t want a drug trafficking conviction to haunt you for the rest of your life, you should start working on your defense immediately. When facing charges, time is not on your side.

Attorney Wiberg, the founder of Wiberg Law Office, PLLC, knows the urgent nature of drug-related cases. The attorney can be your aggressive advocate to help you secure a dismissal of your charges or pursue another favorable outcome in your case.

Get in touch now to schedule a free case review. Located in Portsmouth, New Hampshire, Wiberg Law Office, PLLC serves clients in Rockingham County, Strafford County, Hillsborough County, Dover, Manchester, and throughout New Hampshire