Board-Certified Criminal Defense Representation In Central Florida

Drug distribution cases are not always open and shut

by | Nov 16, 2016 | Drug Sales & Distribution |

Drug distribution and drug sales may seem like simple charges that are easy to prove. However, this is a false statement. There are many mitigating factors that can come into play when someone is accused of selling or distributing drugs, and for the accused it is vital for them to fight back against these charges given the very serious consequences these charges carry.

The first thing to know about drug distribution and drug sales charges is that the prosecutor in the case has to prove that the accused “knowingly” participated in activities that would distribute or traffic the drugs. This would mean that the accused would have to know that the drugs were coming into the state of Florida from outside, or that they were being brought here for the clear purpose of them being sold and distributed. 

The prosecution also needs to prove that the drugs in question are controlled substances. That may seem like a formality, but drug testing labs and evidence handlers have botched cases before, tainting evidence and ruining cases. This step in the process is far from a formality.

Despite these two facts, there are plenty of ways for an accused person to defend himself or herself against drug distribution or trafficking charges. It is possible that the accused possessed the drugs for his or her personal use and not for sale. It is possible that the accused was set up by the police, which could prove to be entrapment. And there are other procedural and illegal acts that the police may committed during the investigation, such as violations of a person’s Fourth Amendment rights.