Drugs

Analyzing a narcotics case starts by reviewing questions of law since most drugs cases involve a stop and search of an individual or package. Therefore, constitutional privacy protections are implicated. If the police did not have a lawful reason to stop the person or search for the contraband, then the government cannot use the drugs as evidence. 

Moreover, ‘possession’ is a key question; for example, if the narcotics are in the back seat, did the front passenger possess them? Regarding the more serious offense of drug dealing, the issue of ‘intent’ becomes crucial. The government must prove that the defendant intended to actually deliver the narcotics to someone else. Some examples of factors that determine whether someone intended to deliver drugs are: the amount, whether there were observed transactions, the packaging, and the existence of paraphernalia. 

The amount of drugs involved will impact bail and the sentencing. The bail and sentencing guidelines vary depending on weight. When the drugs are all in one place, that is a relatively straightforward case. However, sometimes, the drugs are in different areas and there may be multiple people in the area who could be responsible for the drugs. Strategically arguing a case could result in a defendant not being held criminally liable for possessing certain drugs—which impacts the bail and sentencing guidelines. 

Drug cases may also become ‘credibility cases’—cases which come down to the credibility of the police testitmony. Succeeding on those cases requires careful review of the paperwork for inconsistencies and the ability to successfully cross-examine witnesses.