Building a Defense for New Haven Drug Distribution Charges

Drug distribution charges in New Haven are taken seriously and will warrant serious penalties from the accusation alone. An experienced drug attorney is essential help when starting to build a defense for your New Haven drug distribution charges. There are many defenses and issues that can be raised to mitigate or eliminate any potential penalties. Therefore, if you are facing charges and need to build your defense, contact a skilled drug distribution attorney sooner rather than later to fight your charges.

Constitutional Issues

Drug cases raise a number of constitutional issues. The most common is an issue of unlawful searches and seizures. A skilled attorney will want to uncover if there was a valid search of the person’s car, if there was a valid search of the person’s home, if there was a warrant. They will want to know how law enforcement was able to obtain their search. Very often in these drug cases, there are constitutional issues focusing on whether there was a valid search of the person or the person’s property. These issues can be useful when building a defense in New Haven drug distribution cases.

Evidence

Typically what the prosecution is looking to use to prove a drug distribution charge in New Haven are the facts and circumstances surrounding the arrest. They will look to see if there are other items that suggest intent to sell. Often, this is referred to as items that have an additional upset. The prosecution will be looking at the way in which the drugs are packaged, specifically whether it is individually packaged for hand to hand transactions or large scale shipments. If it involves heroin, they will look to see if it is packaged in a bundle or packaged in a way that suggests a person intends to distribute or sell the alleged narcotic.

Additionally, they will look to see if there are multiple cell phones and any communications inside those cell phones that suggest the sale or trafficking of narcotics. They will also look to see if there are large amounts of cash and the denominations of that cash, for instance, if it is broken down into bills that allow for the providing of change after a hand to hand sale. Basically, they will look at the facts and circumstances surrounding the arrest for facts that suggest an indicia of sale that they can use to establish a distribution allegation.

Contested Elements at Trial

At a trial against the defense in a New Haven drug distribution case, there is often a dispute as to whether the person intended to sell the alleged narcotic. Very often, the primary factor that sets issue at a trial is the defendant’s intent. The state needs to prove that the person intended to sell the narcotic. Clients will say that they possess it for their own personal use and they are struggling with drug addiction. One of the ways the prosecutors will try to prove the intent to sell is to call in an expert to testify about the amount that an individual will typically use.

Often this is far less than what is on the person’s possession. It is a highly contested issue, because in reality, clients know what they are using on a day to day basis and this individual who comes in knows nothing about their circumstances. So the issue that is typically the hottest contested is the issue of intent and whether the individual intended to sell that particular substance or whether it was in their possession for personal use. These issues become important when building drug distribution defenses in New Haven.