Arlington Drug Distribution Lawyer

Drug distribution charges can be considered more serious than possession with intent because the associated penalties are often harsher. To be charged with distribution, generally, law enforcement has evidence that the accused has given, distributed, or sold illegal drugs to others. Courts, prosecutors, and law enforcement prosecute drug dealers more seriously than people using large quantities of drugs such as in possession with intent cases. Distribution charges are typically pursued vigorously with severe penalties.

Contact an Arlington drug lawyer today to learn more. An attorney can begin building a strong defense for the circumstances and facts of your case and ensure that your rights are protected

Prosecution of Drug Distribution in Arlington

In a drug distribution case, the government must prove an individual either sold or freely gave illegal drugs to another individual. For example, the police will pose as a buyer or use a confidential informant to make a buy, luring a drug dealer to a location, and completing a transaction under police surveillance. Arlington law enforcement and prosecution must prove that illegal drugs were exchanged. The elements of proof include:

• Seizure of drugs.
• The drugs seized were tested and found to be illegal.
• The illegal substance changed hands.

Possible Defenses

One of the most highly contested elements of any distribution case is whether there was actually distribution. Generally, the presence of drugs is not contested due to strong evidence indicating its presence. Prosecutors must prove the drugs were passed to another individual, distributed, or sold in some way.

An Arlington drug distribution attorney will lean heavily on the credibility of evidence brought forward by a confidential informant due to their personal gain as a result of the case, such as immunity or some other help. The credibility of a confidential informant is a very important issue to explore in cases where the prosecutors in Arlington will establish drug distribution purely through the testimony of that witness.

Constitutional Issues

The most common constitutional violations are the violation an individual’s Fourth Amendment rights and Fifth Amendment rights. The Fourth Amendment ensures every individual has the right to be free from unreasonable searches and seizures by the government. The Fifth Amendment says that a person cannot be forced to testify against or give evidence against themselves. The United States Supreme Court has extended that right, so that any time a person is under arrest and being questioned they must first be given a Miranda warning.

Any search of an individual, their property, or seizure of their person, like an arrest, must be supported by probable cause. In many cases search warrants are issued without probable cause or done by police without a warrant or probable cause. In the case that an illegal search takes place and illegal drugs are found, the evidence of the drugs may be suppressed or kept out of evidence at trial, due to the violation of the Fourth Amendment.

A person’s Fifth Amendment right is frequently violated during statements made to the police. Individuals who are under arrest, or even under investigation for drug distribution, may give incriminating statements to the police. This can occasionally be suppressed because of inappropriate police conduct.

Role of a Defense Attorney

Drug distribution lawyers in Arlington can help in these cases by challenging every phase of the prosecution’s case. This will include ensuring constitutional rights were protected, such as during search and seizure or self-incrimination. A defense attorney can also compel the Arlington prosecutors to prove every elements of the case, including the witness testimony and credibility, proof of  distribution, and even the chain of custody of the drug sample and the testing itself.

At any point the government may make a fatal mistake and it is important to have an experienced attorney who will recognize those errors. An experienced Arlington drug distribution lawyer can try to defeat the case based on the circumstances of the gathering of evidence or reach a more reasonable plea agreement.