Defenses to possession cocaine with intent to buy, sell, deliver case are very similar to those used in trafficking cocaine and possession cocaine. As was discussed in other sections, the first question concerns the type of possession with intent case which is presented. For instance, does your case concern allegations of actual possession or constructive possession. This distinction is important because constructive possession cases are harder to prove than actual possession cases.
Next, a criminal defense lawyer will want to know how the police came to be involved with the defendant. When investigating that part of a possession with intent case, the following questions may be relevant:
- Were you arrested in a drug bust?
- Did police advise you of your Miranda Rights prior to custodial interrogation?
- Did you give a statement to police? If so, was it recorded?
- Were you treated fairly by police?
- Are you accused of selling, purchasing, or delivering cocaine to a confidential informant?
- Are you accused of selling, purchasing, or delivering cocaine to a police officer or federal agent?
- Was your vehicle illegally stopped by police?
- Was evidence discovered by police following an illegal search of your property or person?
- Did you give police consent to search your property or person?
- Did police ever obtain a search warrant?
- If so, what was alleged in the search warrant application?
- If a confidential informant was used by police, do you know who that person is?
- Was the confidential informant working to save him/herself from their own case?
- Does the confidential informant have a prior criminal history?
- How many times have the police used this particular informant in the past?
- If he/she has been used as in informant in the past, how many time did they provide good information to police? How many times did he/she provide unreliable or unfounded information?
- Did police make use of wire taps or controlled phone calls?
While this list is not comprehensive, it certainly gives one an insight into the types of questions that a criminal defense lawyer must ask, when relevant, before deciding on any one particular defense strategy or another. Identifying the best defenses to possession cocaine with intent that specifically apply to the facts of your unique case is the idea.
In most cases, the defendant will not know the answers to all these questions. Even when the defendant does know the answer to some or all of the questions, a criminal defense attorney must still conduct his/her own independent investigation. This will usually include a thorough analysis of all police reports and witness statements as well as depositions of any witnesses listed in the prosecutor’s discovery submission.
By getting answers to the tough questions, a criminal defense lawyer is able to identify which defenses to possession cocaine with intent will work best for you.