How can a prosecutor convict a person of drug trafficking? What evidence is needed?
A person can be accused and convicted of various drug crimes, but drug trafficking is the worst. Drug trafficking is a global trade that involves the manufacture, distribution, and sale of illegal drugs, with cocaine and heroin being the most highly trafficked drugs.
Drug trafficking is a serious crime that can result in serious punishment. If you are caught with drugs in your possession, you could be charged with drug trafficking crimes, even if you have never distributed drugs. That is why you need a skilled criminal defense lawyer on your side.
However, there is a lot of evidence that the prosecutor needs to convict you of a drug trafficking crime. Every drug case is unique, though, and you need to be ready to defend yourself.
Elements of a Drug Trafficking Conviction
To be charged with drug trafficking, the state will need four main pieces of evidence:
- Before you can be convicted of drug trafficking, there needs to be proof that you have drugs on you. There must be some trace of any type of drug in your possession or within a confined space you control, such as your car or home. In these situations, search and seizure laws must be followed. Police usually cannot search you without a warrant, so if there is no warrant, then your lawyer can defend you and claim that the arrest was invalid.
- The amount of drug you have in your possession plays a role in whether you can be convicted of trafficking. A person who intends to distribute drugs will typically have a large number of drugs on them—many pounds or even kilograms. The prosecution will have a hard time proving you were trafficking drugs if you have only a few ounces in your possession. That small amount is usually intended for personal use.
- If the prosecution can show that you had a large amount of drugs in your possession, they will also need to prove that you had the intent to traffic it. They will need to look for physical evidence of sales or purchases. This may include paraphernalia, such as baggies and scales, or correspondence between you and other interested parties.
- Drug trafficking involves moving drugs and it’s hard to convict someone of this charge if the drugs never move or exchange hands. A person can have a basement filled with cannabis, but if it is not distributed, then it cannot be considered a trafficking violation. A person could be convicted on cultivation charges, but that’s not quite as serious as trafficking.
Contact Our Atlanta Drug Trafficking Defense Lawyers Today
Drug trafficking is a serious crime that can result in very stiff penalties. A person can spend decades in prison and face fines of up to $1 million.
You need help from the Georgia criminal defense lawyers at Ghanayem & Rayasam. This is a high-level crime that can result in state and federal charges. Schedule a consultation today by filling out the online form or calling (404) 561-0202.