Do you know what to do if you are accused of drug trafficking?
If you are accused of the crime of possession of drugs or drug trafficking, either for doing or selling them, only a criminal lawyer specialized in these issues can help you and determine what kind of defense may be applied in the imputation that is attributed to you if you plead not guilty.
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The crime of drug trafficking has different types of sanctions depending on the country where you are, however the defenses are very similar for all cases.
Today, when the world is forcefully fighting against drug trafficking and the illegal use of narcotics, the sanctions imposed are increasingly harsher in most countries, taking into account the aggravating factors according to the amounts, the type of drugs, whether you are re-incident in the action or not, the categorization of the crime (if you are a consumer, producer, trafficker or seller), if the fact involves minors, if you are part of a criminal group, etc. Regularly, sanctions ranging from 3 to 20 years of imprisonment are being imposed. And depending on the defense that a criminal lawyer specialized in drug trafficking issues can prepare, the reduction of these penalties may or may not be achieved.
It is necessary that you bear in mind that if you are traveling in another country, the fact of not knowing the laws of the same, does not exempt you from abiding by them, for which, you will be subject to the legal norms of the country where you are and to their strict compliance.
In this case, although it is always advisable to notify your Consulate so that they know the situation you are in, the consulate staff will not be able to prevent you from being arrested by the authorities, nor will it prevent the current criminal law of the country in which you are to be applied. And they can only provide assistance to notify your families of your detention, deliver and receive messages between you and your family, provide financial assistance depending on the circumstances of the country in which you have been arrested, request information about personal items that have been confiscated, ask the authorities for information on your case, but cannot provide legal opinions, recommend a specific lawyer (but only provide a list of specialized lawyers in these cases, without recommending one in particular), nor can arrange the accommodation of your relatives to visit you.
You will wonder then: Is it possible for criminal lawyers to easily accept these types of cases of drug trafficking when they are so persecuted by the authorities and generally have severe sentences? What can this criminal lawyer achieve in your favor?
In almost all countries there are criminal lawyers who specialize in this type of crime, and whenever they accept the cause, they have the full assurance that if the accused is not acquitted, at least they will get a reduction of the penalty demanded by the district attorney’s office.
Many defenses are based on objecting to the accusation and presenting evidence that refutes the prosecution's accusation. Others, are based on employing the bad procedures or the mistakes that are made in the processes.
There are countries, for example, in which it is a constitutional right not to allow a search unless it is done with an order signed by a judge; so discovering drugs in the trunk of a car by force opening it, violate the rights of the accused and this would be acknowledged as a bad procedure and in the end these drugs could not be used as evidence during a trial, the prosecution having to eliminate the charges presented.
However, if the drugs were discovered by being in plain sight, then they could be used as evidence.
Sometimes the defense is based on establishing that the seized drug does not belong to the accused as such, that he was unaware of its existence (either in a travel case, somewhere in the car he drives, in the hotel where is housed or in your home).
The defense lawyer of a defendant for drug trafficking, is responsible for convincing the court of his innocence in the case or to reduce the aggravating circumstances that may exist against him.
It is about the fact that before justice all people should be considered innocent until proven otherwise and that the mission of the defense lawyer is precisely to believe in the accused and try to prove his innocence by all means, therefore it is a right of the accused to have the possibility of counting on a lawyer to defend him.