If you or a loved one has been charged with a dealing in drugs case it can be extremely scary and intimidating process. This includes being charged with dealing in marijuana, dealing in a narcotic drug, dealing in cocaine, dealing in heroine, dealing in meth or any of the many other multitude of substances that can result in criminal charges.
In today’s blog we will take a look at some of the most common defenses that are utilized in defending someone who is charged with dealing in Indiana.
- I had drugs but I wasn’t dealing: Many times, we see where law enforcement charges someone with dealing when they just were possessing. Possession of drugs is a much less serious charge. Sometimes based on the weight of the drugs or the drugs being found in conjunction with other things such as cash results in the police and prosecutor to file dealing charges instead of just possession. However, it is the state’s burden to prove that the drugs were being possessed with the intent to deal. Without an actual transaction they must rely on circumstantial evidence. Many times, that circumstantial evidence isn’t enough to reach the threshold of dealing and may open up the opportunity to work the case out to a possession charge that typically carries much lesser penalties.
- The drugs weren’t mine: Many times, when the police do an arrest surrounding drugs, they find the drugs in a house or in a vehicle. There may be multiple occupants of the vehicle or a number of people living in the same house. In that situation the defense may be that the drugs were someone else’s in the house. This doesn’t mean that you have to “snitch” on someone in the house or car with you it may just mean that the state can’t meet its burden on proving that the drugs were yours. In this case this defense may be very effective.
- The traffic stop was illegal: In any case where the dealing charges started off with a traffic stop it is imperative to carefully evaluate the legality of the traffic stop. There are a number of things to review. First, was the traffic stop legal. Meaning, was there a legal reason for the stop and was it conducted in a legal manner. Second, was the length of the stop within the legal bounds of what the constitution allows in terms of time and purpose. If either of these two evaluations show that the police acted illegally then it may be a good strategy to file a motion to suppress the evidence which would likely result in a dismissal if granted.
- The search was illegal: Whether the police found the drugs in a car, a house or some other location, it is crucial to evaluate the legality of the search. Things to look at include the validity and legality of any warrant acquired by the police. If it’s a car search without a warrant, was the warrantless search legal? Was there probably cause for the search? Did they use a K9 to do the search and if so, was the proper procedures followed? Did they conduct the search in a way it complied with the proper procedures and length of time allowed under the law? If it’s a house that is searched, was the basis for the search warrant proper? Was the warrant written and approved in a way that complies with our constitutional requirements? All of these questions are questions that a well-trained criminal defense attorney will need to review and evaluate to see if something was done wrong that may allow for a suppression of the state’s evidence.
- Were the drugs measured and tested properly: The prosecutor must prove that the drugs are what they claim them to be and that the weight is what the charges say they weighed. Lab results must be reviewed as sometimes drugs end up being something that’s not an illegal substance or mixed with other substances. This can affect the ability of the prosecutor to prove that the drugs are what they have charged them to be. Additionally, the weight of the drugs substantially impacts the level of the charges, so it’s very important to make sure that the lab reports are correct and that the weight is evaluated to see if the drugs meet the weight threshold charged.
- What about a controlled buy, what to do then: Sometimes the police use undercover officers or confidential informants to do a buy and record it. These cases can be more difficult. However, it’s important to review the video and audio surveillance to make sure it demonstrates what police say it shows. Also, in the case of a confidential informant there may be situations where you depose them to ensure that they are still cooperating with the state and to see what they would testify to. Sometimes, the State will protect their informant and that has to be carefully navigated as to make sure how the case is handled doesn’t make it worse for the client.
In conclusion, if you or a loved one is charged with a dealing case it is very important that they exercise their right to an attorney before speaking to any law enforcement. The attorneys at Banks & Brower have decades of experience in handling dealing cases and stand ready to assist 24/7 at 317-870-0019 or info@banksbrower.com.