Steps you Should Take if You’ve Been Accused of Drug Trafficking

Man purchasing drugs from dealer on the street

Drug trafficking is the act of manufacturing, possessing, or distributing illegal substances. However, drug trafficking is more than just selling drugs. Merely transporting or smuggling drugs can lead to a drug trafficking conviction. When the act takes place solely within Texas, the crime is prosecuted by the state. On the other hand, if the crime involved crossing state lines or an international border, such as the border between the United States and Mexico, it will be prosecuted by the federal government.

Drug trafficking is an incredibly serious charge, which can carry serious penalties in Texas. Depending on a number of factors including the type of drug, the quantity, and the accused’s prior record, drug trafficking convictions can lead to up to 99 years in prison and fines as high as $10,000. If you or a loved one have been accused of drug trafficking, it is vital to contact an experienced Texas drug trafficking defense attorney as soon as possible to help mitigate the charge’s impact and fight for the best possible outcome.

  1. Know Your Rights

Even those accused of a crime have rights, and it’s important to understand what your rights are so you can best protect yourself. The choices you make from day one can have a huge impact on how your case will play out.

Firstly, anyone accused of a crime has the right to remain silent. You are never obligated to answer a police officer’s questions. It’s the investigator’s job to gather the evidence to prove you’ve committed a crime beyond a reasonable doubt, and you are not obligated to make that job any easier. Officers may employ tricky tactics, such as lying or using intimidation, but you can always assert your Fifth Amendment right to remain silent.

Secondly, you have the right to an attorney. You can request to consult your attorney and may remain silent until your attorney arrives. You should never answer questions, consent to a search, or undergo any testing without consulting an experienced attorney.

Lastly, you have the right to refuse a search. An officer can only search your vehicle if they have probable cause. If they don’t have probable cause, you may refuse the search. Absent very limited exceptions, an officer cannot search your home without a valid warrant, even if they have probable cause. You have the absolute right to refuse a search of your home if the officer does not have a warrant or if the warrant has errors. 

  1. Gather, But Never Tamper with or Destroy Evidence

Gathering evidence, including contact information for any witnesses, can help your attorney build the strongest possible case quickly and efficiently. It’s a good idea to gather the names and contact information for any potential witnesses that your attorney may want to speak to, along with any businesses or individuals who may have footage of the accused trafficking. It’s important that you do not reach out to these witnesses or people with footage yourself, however, as that can lead to serious consequences and call your credibility into question, as well as potentially discredit the testimony or evidence they are providing. 

It’s important to never tamper with or destroy any potential evidence. Doing so will not make the charges go away. In fact, it’s likely you’d be charged with additional crimes, which can make the potential penalties far more severe. 

  1. Contact an Experienced Attorney: Texas Drug Trafficking Defense Attorney

If you or a loved one are facing a drug trafficking charge in Texas, turn to an experienced Texas drug trafficking defense attorney as soon as possible. A drug trafficking conviction can lead to serious consequences, including hefty fines and long prison sentences. Prosecutors take drug trafficking charges very seriously and will show little mercy. You need a skilled advocate who will fight aggressively for you, your freedom, and your future.

El Paso’s Benjamin Law Firm offers a comprehensive criminal defense practice, along with civil litigation and aviation law services, backed by decades of experience in the field and a track record of proven results. Our office proudly serves clients across the state of Texas.

Founding Attorney Benjamin is one of only a handful of attorneys who truly specializes in criminal defense, as he is Board Certified in Criminal Law by the Texas Board of Legal Specialization. Moreover, as a former prosecutor, Attorney Benjamin understands the tactics and strategies that prosecutors use, and he uses that insider knowledge to build the most effective defense for his clients.

Contact us or call us at (915)-221-7462 as soon as possible so we can get started fighting for you! ¡También hablamos español!

Posted in: Drug Criminal Defense