How to Get a Drug Trafficking Charge Dismissed in Texas

Federal drug trafficking charges carry some of the most severe penalties in the U.S. criminal justice system, with potential sentences ranging from years to life in prison.

Whether you’re facing your first charge or have prior convictions, understanding your defense options and working with an experienced federal criminal defense attorney is crucial for protecting your freedom and future.

Federal Drug Trafficking Charges

Federal drug trafficking charges typically involve allegations of manufacturing, distributing, or possessing with intent to distribute controlled substances across state lines or in quantities that suggest more than personal use. These cases are usually investigated by agencies like the DEA and FBI, often involving extensive surveillance and complex investigations.

What Makes a Case Federal?

Drug trafficking cases often end up as federal cases for a few key reasons:

1. Crossing Borders: Trafficking usually involves moving drugs across state lines or even international borders. Anything that crosses state or country lines often falls under federal law.
2. Federal Resources: Federal agencies like the DEA or FBI handle these cases because they have the people, tools, and money to take on bigger investigations. They’re set up to handle the large-scale, complicated networks often involved in trafficking.
3. Higher Stakes: Large trafficking cases often mean bigger risks to public safety. The federal system allows for tougher penalties, which is why they often take on these cases instead of leaving them to the states.

Smaller drug cases can still be handled by state courts, but when it’s big trafficking operations, it’s almost always the federal system that takes over.

Proven Defense Strategies for Drug Trafficking Charges

Constitutional Violations and Illegal Searches

One of the most effective ways to fight drug trafficking charges is by challenging how law enforcement obtained their evidence.

Common constitutional violations include:

• Illegal traffic stops without reasonable suspicion
• Searches conducted without valid warrants
• Improper surveillance techniques
• Miranda rights violations during questioning

If evidence was obtained through unconstitutional means, we can file a motion to suppress, potentially leading to dismissed charges.

Challenging Constructive Possession

In many drug trafficking cases, prosecutors rely on constructive possession theories to connect defendants to drugs they weren’t physically holding.

To beat these charges, we can challenge whether you had:

• Knowledge of the drugs’ presence
• Ability to control the drugs
• Connection to the location where drugs were found

Attacking Chain of Custody

Drug evidence must be carefully documented and preserved from the moment of seizure through testing and trial. We scrutinize:

• Documentation of evidence collection
• Storage procedures
• Lab testing protocols
• Handling procedures by all involved personnel

Any breaks in the chain of custody can cast doubt on the evidence’s reliability.

Special Considerations for First-Time Offenders

First-time drug trafficking defendants often have unique opportunities for more favorable outcomes. Here’s what you need to know:

Safety Valve Provision

The federal “safety valve” provision allows certain first-time offenders to avoid mandatory minimum sentences if they:

• Have no prior criminal history
• Didn’t use violence or weapons
• Weren’t organizers or leaders
• Provide truthful information about the offense
• Didn’t cause death or serious injury

Federal Drug Diversion Programs

Some jurisdictions offer pretrial diversion programs for first-time offenders, potentially leading to:

• Dismissed charges upon program completion
• No federal conviction on your record
• Mandatory drug treatment instead of prison
• Supervised release with conditions

Cooperation Agreements

While a sensitive topic, first-time offenders may benefit from cooperation agreements with prosecutors, potentially resulting in:

• Reduced charges
• Lighter sentences
• Recommendations for leniency
• Alternative sentencing options

Each option carries different risks and benefits. We take the time to thoroughly explain each possibility, considering your circumstances and priorities.

Our attorneys will help you weigh all available options so you can make an informed decision about your future, ensuring you understand the full implications of each path.

Tips for Building a Strong Defense Strategy

When facing federal drug trafficking charges, your actions in the early stages of the investigation can significantly impact the outcome of your case.

Having defended numerous clients against federal drug charges, we’ve identified the steps that can strengthen your defense.

Here are the essential steps you should take immediately:

1. Remain silent and decline to speak with any investigators without your attorney present
2. Document every interaction with law enforcement, including dates, times, and what was said
3. Preserve all potential evidence, including phone records, financial documents, and any relevant communications
4. Never discuss your case with anyone except your attorney – even casual conversations can be used against you
5. Avoid social media completely and consider temporarily deactivating your accounts
6. Write down everything you remember about the events leading to your arrest while your memory is fresh
7. Gather documentation of your legitimate income sources and employment history
8. Make a list of potential witnesses who can verify your whereabouts during relevant times
9. Keep records of any prescription medications that might explain the presence of controlled substances
10. Begin documenting your community ties and positive contributions to society

At Whalen Law Office, we go beyond these basic steps by thoroughly examining every aspect of the government’s case. This includes scrutinizing confidential informant reliability, surveillance evidence accuracy, witness credibility, and the scientific validity of drug testing procedures. We also strategically employ expert witnesses – from forensic specialists to financial analysts – to challenge the prosecution’s evidence and strengthen your defense.

Reducing Drug Trafficking Sentences through Mitigation Strategies

Even if a conviction seems likely, there may be ways to minimize your potential sentence. Federal judges consider a defendant’s personal history and post-arrest conduct when determining appropriate punishment.

We’ve successfully helped clients receive significantly reduced sentences by demonstrating their commitment to rehabilitation through concrete actions like voluntary drug treatment, counseling programs, and continued employment. These efforts show the court you’re taking responsibility and actively working to prevent future legal issues.

Your personal circumstances and background also play a role in sentencing. We thoroughly document factors like your family responsibilities, history of community involvement, and any mental health or addiction challenges that may have contributed to the offense. By painting a complete picture of who you are beyond the charges, we help judges understand that you’re more than just your mistake and deserve a second chance at rebuilding your life.

The Importance of Experienced Federal Defense

Federal drug trafficking cases require attorneys who understand:

• Complex federal sentencing guidelines
• Multi-jurisdictional investigations
• Federal court procedures
• Negotiating with federal prosecutors
• Constitutional law and precedents

At Whalen Law Office, we bring decades of federal criminal defense experience to every case. We understand what’s at stake and know how to navigate the federal criminal justice system effectively.

Don’t let federal drug trafficking charges determine your future. Contact Whalen Law Office today to discuss your case and learn how we can help protect your rights and freedom.