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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23546
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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How can I beat a drug trafficking charge attached with child

Customer Question

How can I beat a drug trafficking charge attached with child abuse possession of both paraphernalia and controled substance.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
It was an anonymous call to cyfd with a report of possible neglect bc my 3yr old son wasn't enrolled in school. So during the visit by cyfd with local police escort. They retrieved from my back pocket was large amounts of meth as well as heroin and some rx pills that were not rx to me. I'm a known drug user and they tacked on that it was in a drug free school zone. Do you think I can beat these charges
Expert:  Zoey_ JD replied 1 year ago.

Hello,

There is no magic formula to beating any kind of a case. A strategy is formed on a case by case basis once a lawyer looks over the discovery, visits the scene, interviews any defense witnesses he may have and confers with the prosecutor. Without knowing that, any lawyer would be a liar if he told you he could win your case and how he'd do it.

Drug trafficking cases are difficult to win because all of the witnesses are usually police witnesses, and juries tend to believe them. But they can certainly be won, and there are many different types of defenses that can be used together or separately to try to create reasonable doubt in the minds of a jury that the defendant was actually drug trafficking.

In your situation, it would appear that they are basing the trafficking charge on the amount of drugs in your possession. The state will charge trafficking whenever the amount of drugs in a person's possession exceeds what is reasonable for personal use. But they don't have any direct evidence of sale, unless they have also found great amounts of cash or have taken your mobile phone. With a warrant they can go through your phone and texts to look for evidence of drug sale and charge you accordingly.

Without that, it looks like you'd have a better defense to the drug trafficking than to the child endangering, for if you are a known drug abuser, arguably your child is at risk in your household.

You are in serious difficulty and in need of an experienced lawyer who has successfully tried a goodly amount of drug cases. If you cannot afford a lawyer, in my experience drug cases make up a very large chunk of a public defender's caseload, and they should know how to try a drug case and win it.