Defending Against a Cocaine Offense
Criminal defense, no matter the types of cocaine crimes you may be facing, is predicated on a person’s Constitutional Rights. These rights include the right to an attorney, the right to privacy, and the right to due process. From these three basic rights, the entire body of criminal law has been devised. For example, the right to have an attorney and the right to privacy are the two foundation principles that requires police to “read you your rights” before conducting a custodial interrogation.
An in depth discussion about defenses can be found here:
- Defenses to Possession of Cocaine
- Defenses to Possession of Cocaine with Intent to Buy, Sell, or Deliver
- Defenses to Trafficking Cocaine
That said, cocaine offenses are a very specific type of crime that have their own special issues. Given the manner in which these cases are investigated and prosecuted, especially trafficking cocaine, there are a number of recurring issues that can make the difference between a win and a loss.
These include:
- Illegal traffic stops or detention by police
- Unlawful or coerced confessions
- Illegal search and seizure
- Warrantless searches
- Bad search warrants
- Searches that go beyond the scope of a warrant
- Wire tapping and electronic device access
- Use of confidential informants
- Buy/bust operations
- Controlled sales
- Minimum mandatory sentencing
- Criminal history scoring
- Substantial assistance
- Firearm enhancements
- Death and serious bodily injury enhancements
- Involvement of minors enhancements
This list is not intended to be exhaustive and only touch on some of the more common themes. Your case may involve one, many, or none of these issues.