San Antonio Federal Drug Crimes Attorney

Defenses Available in Federal Drug Crime Cases

Federal drug prosecutions are aggressive, but they are not unbeatable. A strong defense begins with a detailed review of how the investigation began, how evidence was obtained, and whether federal agents followed constitutional rules at every stage.

Common defenses in federal drug cases may include:

• Illegal Search and Seizure: Challenging evidence obtained through unlawful traffic stops, wiretaps, home searches, or vehicle searches that violate the Fourth Amendment.
• Lack of Knowledge or Intent: Showing that the accused did not know drugs were present or did not intend to distribute them.
• Entrapment: Demonstrating that government agents or informants pressured or induced someone to commit a crime they were not predisposed to commit.
• Insufficient Evidence: Questioning whether the government can actually prove possession, conspiracy, or trafficking beyond a reasonable doubt.
• Chain of Custody or Lab Errors: Exposing mistakes in how drugs were tested, labeled, stored, or handled.

This is not an exaustive list of defenses available. However, it is important to note that because federal prosecutors must meet a high burden of proof, identifying even small errors in procedure or evidence handling can significantly impact the outcome of a case.

What Do I Need to Know About Entrapment?

The entrapment defense is a common element in many federal drug cases. This defense is powerful because once it is raised, the government has the burden of proving beyond a reasonable doubt that the defendant was not entrapped. The government must prove that either:

• The defendant was predisposed to commit the crime before being contacted by government agents (including an undercover law enforcement officer or confidential informant)
• The defendant was not induced by the government agents to commit the crime

When a person, before government contact, is predisposed to commit the crime, it is not entrapment if the government agents merely provide an opportunity to commit the crime. When determining whether the defendant was predisposed to commit the crime before being approached by government agents, the following factors are considered:

• Whether the defendant demonstrated reluctance to commit the offense
• The defendant’s character and reputation
• Whether government agents initially suggested the criminal activity
• Whether the defendant engaged in criminal activity for profit
• The nature of the government’s inducement or persuasion

When considering whether the defendant was induced by government agents to commit the offense, the courts look at whether the government agents created a substantial risk that an otherwise innocent person would commit an offense. That government conduct that can constitute entrapment can include:

Correctly executing an entrapment defense is just one way in which your federal attorney can help you seek justice.

How to Beat Federal Drug Charges: Hire the Right Federal Drug Crimes Attorney

Nothing is guaranteed in a federal court, but the best thing that you can do for yourself is to hire the right attorney to fight your federal drug charges. If you or a loved one has been arrested or are being investigated for drug trafficking or other federal drug charges, call Donald Flanary today. He has experience representing clients charged with numerous drug trafficking and money laundering-related offenses in San Antonio.

Call Flanary Law Firm today at (210) 899-7566  for a free case evaluation and consultation.