Cobb County Drug Trafficking Lawyer
Frequently, drug possession and even small-scale distribution cases are happenstance cases. Officers happen to stumble upon drugs during a vehicle search, or they happen to witness a drug transaction while they’re on traffic patrol. Drug trafficking cases are intentional cases. Investigators, usually from multiple agencies, often work for months to break up large drug trafficking networks.
These lengthy investigations usually cost thousands of dollars. To justify the expense, officers anxious to make high-profile arrests often take shortcuts. Furthermore, multiple agencies often don’t communicate with each other very well. So, the left hand might not know what the right hand is doing.
In contrast, a thorough Cobb County drug trafficking lawyer like Andrew Schwartz never takes shortcuts. Our team thoroughly evaluates your case and leaves nothing to chance. We also focus on communication. As long as your case lasts, we proactively communicate with you, so you are never in the dark.
Procedural Defenses
Because drug trafficking cases have so many moving parts, and inter-agency communication is so poor, Fourth and Fifth Amendment violations are common in these matters.
The Fourth Amendment prohibits warrantless and unreasonable searches and seizures. These warrants must be based on probable cause affidavits. Probable cause is a nebulous standard which requires more than a hunch and the uncorroborated word of a paid informant.
Reasonableness is not a subjective standard in this context. Instead, it only applies in the following situations:
- Plain View: Common sense and Constitutional law dictates that if officers see contraband in front of their faces, they don’t have to ignore it. This expectation only applies if the traffic stop or other initiating law enforcement contact was legal.
- Owner Consent: Owners, or apparent owners (e.g. roommates whose names are not on the lease), may voluntarily consent to officer searches. Voluntariness is the key concept here. Officers cannot bully or pressure owners into consenting.
- Weapons Pat Down: Common sense and Constitutional law also dictates that officers have a right to defend themselves. This right includes searching suspects for weapons, if those officers have reasonable suspicion.
Poor communication sometimes comes into play. For example, one agency might serve a search warrant, assuming that another agency revised a rejected affidavit.
This problem affects Fifth Amendment violations as well. Frequently in these cases, patrol officers arrest suspects and drug task force members interrogate them. Each branch often assumes the other branch Mirandized the suspect.
Substantive Defenses
Shaky witness testimony is not just an issue at the search and seizure phase. It could also be an issue at trial.
In general, paid witnesses are not compelling witnesses. Many drug trafficking witnesses received money or leniency in exchange for their testimony. So, before they take the witness stand, their testimony is suspect.
A good Cobb County drug trafficking lawyer further undermines witness credibility during witness testimony. Many times, these witnesses have told the same story so many times that the details blur together. Other times, they cannot remember the details because what they saw happened such a long time ago.
The state must establish guilt beyond any reasonable doubt. So, if even one juror has any concrete doubts about a witnesses’ credibility, the defendant is not guilty as a matter of law.
Work With a Compassionate Cobb County Drug Trafficking Lawyer
Criminal cases have procedural and substantive defenses. For a free consultation with an experienced drug trafficking lawyer in Cobb County, contact Andrew L. Schwartz, P.C. The sooner you reach out to us, the sooner we start fighting for you.
