Drug trafficking includes multiple offenses involved in distributing, transporting, and selling illegal drugs. Many of these crimes are felonies, leading to incredibly long jail terms.
Our lawyers can fight illegal police searches and seizures, challenge “controlled buy” allegations, disprove conspiracy charges, and fight to get other charges thrown out. If you were accused of dealing, transporting, or otherwise trafficking drugs, you should always work with a lawyer.
For a free case review, call our drug trafficking lawyers today at Kenny, Burns & McGill by dialing (215) 423-5500.
What Exactly is Covered Under “Drug Trafficking”?
The phrase “drug trafficking” is sometimes used generally to describe multiple drug offenses. Within the chain of how drugs are produced or brought into the country, then moved for sale, “traffickers” can include any of these roles or offenses:
Drug “Mules” and Smugglers
Most drugs entering the country illegally come through ports of entry. This often means being smuggled in luggage or on someone’s person, but they can also be placed inside of vehicles and products.
Some people are “unknowing” drug mules, being told to bring a package or item across the border, often under threat.
Growers and Manufacturers
Many illegal drugs are grown or produced in the country. Whether they cross state lines or not during their trafficking might change whether or not you can face federal charges for your role.
After drugs are grown or produced, they are often moved by other people.
The exception is often small numbers of marijuana plants cultivated by one person or a small group, who might sell to friends or loved ones. Even this might be lumped under the title of “drug trafficking.”
Transporters
People transporting drugs from one place to another, much like “mules” and smugglers, might be knowing or unknowing participants.
Unlike some of the other crimes discussed here, the crime you will be charged with for moving drugs is often drug possession with the intent to deliver (PWID). The intent to give the drugs to someone else – whether for payment or not – makes this a more serious crime than “simple possession” for personal use and ties it to “drug trafficking.”
Dealers
Whether you are a street dealer selling to individuals or you are selling large quantities for someone else to sell, having drugs and selling them are both crimes.
Depending on when you are caught and how you are caught, you might be charged with a completed sale or possession with the intent to deliver. Both charges come under 35 Pa.C.S. § 780-113(a)(30), but the elements the prosecution must prove are different.
Users and Buyers
Drug use and purchase is not technically a drug “trafficking” crime. Possession with the intent to use a drug yourself is “simple possession” charged under § 780-113(a)(16).
Because this crime does not have the same connotations as a “trafficking” crime, its penalties are lower. If we can get your PWID charges reduced to simple possession, it might save you years in jail.
Conspirators
Agreeing to work together to commit a crime is itself the crime of “conspiracy.” Conspiracy to commit a drug crime is approximately as serious as actually committing the drug crime yourself.
If you are charged with participating in a drug ring, you might face charges for what the other people did as well. For example, if you merely possessed drugs you intended to give to someone else to sell, then you could be charged with conspiracy to distribute drugs along with PWID, resulting in one count under § 780-113(a)(30) (PWID) and a second count of conspiracy to commit § 780-113(a)(30) (actual distribution)
Defending Against Drug Trafficking Charges in Philadelphia
Our drug trafficking lawyers can employ a number of common defenses, though not all will be successful:
Denying Intent to Deliver
Many drug trafficking allegations come as PWID charges. This claims you possessed drugs, but it becomes a drug trafficking crime because you intended to deliver them.
If police cannot show that you intended to deliver the drugs, then only simple possession should be charged. The following evidence is often necessary for PWID:
- Storage of drugs in individual sale amounts
- Drugs found alongside cash or guns
- Drugs found alongside multiple cell phones or text messages showing intent to deliver
- Drugs found with scales, baggies, caps, and other packages
- Actual communication to an officer of intent to deliver.
No Knowledge
Possession charges require showing the defendant knew they had the drugs on them. Unknowing drug mules are often threatened into transporting drugs and might not have actual knowledge that they are there.
If the drugs were on your person, it is hard to deny knowledge. However, if someone else stashed them in your bag or car, you might have had access to them but had no knowledge they were there.
Denying Conspiracy
Police need actual evidence of a conspiracy, such as communications between the co-conspirators. If they cannot prove that you knew each other and actually agreed to commit a crime together, they cannot convict you of conspiracy.
Attacking Controlled Buys
Many drug trafficking charges are brought when undercover police buy drugs from you then arrest you for selling drugs.
Many attack this as entrapment, and that is possible. However, entrapment defenses are usually unavailable if the defendant already had the intent before the officer enticed them into committing the crime.
However, police might act too quickly, misinterpret situations, and arrest defendants before they have the evidence they need. This might allow us to reduce actual distribution charges to PWID or simple possession or to get charges dropped for illegally obtained evidence.
Attacking CIs
Police often use “confidential informants” (CIs) in drug trafficking prosecutions. These people are often criminals setting up controlled buys or providing information to police to get themselves reduced charges.
Police often protect their CIs’ identities by blocking them from testifying, but your right to face your accuser and evidence rules for hearsay often mean they cannot convict you without unveiling their source’s identity. This might be a good bargaining chip to get a reduced plea.
Additionally, CIs are usually being paid or given a reduced sentence. This motivation must be disclosed in discovery, or else it is a violation of Brady v. Maryland (2010). Additionally, we can argue to the jury that the informant’s deal gives them a motive to lie and turn in anyone they can for additional pay or benefits.
Call Our Drug Trafficking Lawyers in Philadelphia Today
For help fighting drug trafficking charges, call the drug trafficking defense attorneys at Kenny, Burns & McGill for a free case review at (215) 423-5500.
