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Former Assistant District Attorney
Former Assistant U.S. Attorney

6 possible defenses to federal drug conspiracy charges

On Behalf of | Apr 23, 2020 | Firm News

Federal drug conspiracy charges are serious. You should meet these charges with an equally serious defense. The following are six possible defenses to federal drug conspiracy charges. Keep in mind that other defenses may be available depending on the circumstances surrounding your criminal charges.

1. You did not have an agreement

The main pillar of a conspiracy charge is that two or more parties agreed to work toward a common goal. If there was no agreement, there is no conspiracy.

2. You never intended to join the agreement

You may have talked with another party about manufacturing or distributing drugs, but talking about something illegal is not against the law. If you did not take any additional steps to participate in the activity, the government might have a difficult time proving conspiracy.

3. You weren’t involved in the conspiracy as charged

You may have engaged in a conspiracy, but it might not have involved the charged allegations. The charges may allege that you participated in a conspiracy to manufacture methamphetamine. However, you were involved in a conspiracy to grow marijuana. The charges must line up with the alleged crime.

4. You withdrew from the conspiracy

To successfully assert this defense, you must show that you took proactive steps to withdraw from the conspiracy. Simply walking away is not enough.

5. You were entrapped

To show entrapment, you must prove that you were enticed to engage in a criminal act that you otherwise would have never committed. If a government agent merely provides you with the opportunity to distribute drugs, it is probably not enough to claim entrapment.

6. The evidence was illegally gathered

You are protected from unreasonable searches and seizures. The government must have a search warrant to go through your home. An officer must have probable cause to make a traffic stop. Illegally gathered evidence is not admissible at trial.

Understand your options

You have rights. A skilled professional can help you assert those rights. Understanding the potential defenses to a federal drug charge can help clarify your situation.