Hampton Roads Federal Drug Defense Strategies

Drug offenses are typically prosecuted at the state level unless they involve transporting drugs across state lines or they involve large quantities of drugs. At that point, drug offenses are prosecuted at the federal level. The consequences of federal offenses include incarceration, significant fines, and damage to your personal and professional reputation. With the stakes so high, it is imperative that you work with a determined federal drug lawyer that could build your case. If you want to know more about Hampton Roads federal drug defense strategies, speak with a knowledgeable attorney that could fight for you.

Determining Which Defense Strategies to Use

When determining which Hampton Roads federal drug defense strategies to use, lawyers often look at the evidence and the method by which law enforcement gathered that evidence. They often look at the specific offense that the defendant has been charged with. Cases that arise from traffic stops have different defenses than cases that arise from confidential informants. Federal drug lawyers have to look to see if there are any constitutional issues that they could use to get those things suppressed or if there are none, they have to look at the strengths of the evidence.

Common Constitutional Issues in Federal Drug Cases

One of the most common  Hampton Roads federal drug defense strategies, is the use of constitutional issues, especially the Fourth Amendment. The Fourth Amendment protects people from unlawful search and seizure. If a person is at a traffic stop, the government has to show that, first of all, they had reason to stop someone in the first place and that they had probable cause or consent to search them and their vehicle. If, for instance, law enforcement raids someone’s house, they have to show that they had a warrant that was not only issued based on probable cause or, if it was a search without a warrant, that they had a valid reason, some sort of extenuating circumstances or probable cause to suspect a crime was there or they were there for something. They have to show why they were there and that it was done properly. A lot of these cases, if there are not constitutional issues, there are ways to suppress the evidence and it comes down to whether or not the search was done correctly.

Occasionally, there will be issues regarding statements made by the individual especially if they are in custody, whether or not they were properly Mirandized. That does not come up as often because, in many cases, they are not necessarily trying to get statements but sometimes they do try to get statements from the defendants, especially if they believe that other people are involved. If they have not given an individual the proper Miranda warnings, those statements may not be admissible.

Qualities to Look for in a Hampton Roads Federal Drug Attorney

If you have been charged with a federal drug offense, you should seek a lawyer who is confident. You should look for an attorney who has had cases in the federal system and has some familiarity with the judges and the prosecutors there. It is important to look for someone who has handled drug cases and criminal cases so that this is not their first time handling a case where there is a possibility of significant jail time. Speak with a qualified drug attorney who could examine the facts of your case and determine which Hampton Roads federal drug defense strategies work best for you.