Defense Strategies Our Baton Rouge Drug Trafficking and Drug Distribution Attorneys Can Use

Our defense lawyers employ targeted strategies tailored to each case. We investigate how evidence was obtained, challenge law enforcement conduct, and question informant credibility. Common examples include entrapment, illegal searches, or weight miscalculations that undermine the prosecution’s case.

We build defenses around constitutional protections, forensic review, and cooperation negotiations when they best serve the client’s interests.

Fourth Amendment Violations and Suppression

Fourth Amendment violations are powerful defenses, as illegally obtained evidence must be excluded, often resulting in dismissal when crucial evidence is suppressed. We file motions to suppress evidence from warrantless search and seizure, illegal traffic stops, searches exceeding consent scope, or warrants lacking probable cause.

Drug trafficking defense lawyers work tirelessly to challenge improper drug-sniffing dog procedures, prolonged detentions, and examine whether police had reasonable suspicion, making this a critical defense component.

Challenging Federal Conspiracy Charges

Federal conspiracy charges under 21 U.S.C. § 846 require proof only of an agreement to distribute illegal substances, making each conspirator liable for the entire quantity involved. Our criminal defense attorneys challenge these by attacking cooperating witness credibility, demonstrating a lack of knowledge or intent, and arguing for conspiracy withdrawal. We scrutinize wiretap evidence for alternative interpretations and distinguish between mere association and proven participation, often demonstrating minimal or non-existent involvement.

Attacking Weight Calculations

Federal sentences increase in proportion to the quantity and type of substance involved. Federal drug trafficking laws impose mandatory minimum sentences of either five or ten years based on the type and weight of the controlled substances involved in the offense.

The weight thresholds that trigger these mandatory sentences are 28 grams or 280 grams for crack cocaine, 500 grams or 5 kilograms for powder cocaine, 100 grams or 1 kilogram for heroin, 5 grams pure or 50 grams mixture for methamphetamine, and 100 kilograms or 1,000 kilograms for marijuana.

If you did not possess the minimum weight of drugs to warrant a trafficking charge, your charge could be reduced to possession or distribution. Our attorneys analyze lab reports, testing methods, and weight documentation to identify inconsistencies that may alter the outcome.

Safety Valve and Substantial Assistance

The federal safety valve, as outlined in 18 U.S.C. § 3553(f), allows certain first-time, non-violent offenders to avoid mandatory minimums if they meet specific criteria, including a minimal criminal history, no involvement in violence or possession of weapons, no leadership role, and truthful cooperation. Substantial assistance departures under 18 U.S.C. § 3553(e) and U.S.S.G. § 5K1.1 allow for sentence reductions when defendants provide valuable cooperation that leads to other prosecutions. Our experienced attorneys evaluate safety valve qualification and negotiate cooperation agreements, maximizing benefits while minimizing risks.

Penalties for Drug Trafficking Convictions in Louisiana

Louisiana trafficking convictions carry penalties varying by drug type, quantity, criminal history, and whether offenses occurred in drug-free zones. For example, trafficking in Schedule I drugs or 60+ pounds of marijuana imposes mandatory minimums of 5 to 30 years at hard labor without probation, plus fines up to $500,000. Second offenses face harsher penalties, including mandatory life imprisonment for some repeat offenses.

Federal drug trafficking convictions impose mandatory minimums of 5, 10, or 20 years, depending on the drugs involved and the defendant’s prior record. Convictions may also include hefty fines, forfeiture, and supervised release for a period of at least four years.