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Defense Strategies That Can Be Used In Drug Cases

What Are Some Of The Defense Strategies That Can Be Used In Drug Cases?

Defense strategies are fairly well known, but they are not as well executed as they could be. It is one thing to know about a defense, it is another thing to know how to execute it. Defense strategies begin with a fact pattern report rather than a discussion of hypothetical motions to suppress evidence to keep it out of trial.

The most important defensive strategy is the preparation. This is tactically started with a client’s written version of all information needed, in the form of a fact pattern report. That is defense strategy starts is in the very beginning of every case: get the client’s version of all of the facts, no matter how minor, and carefully assess them.

For example, It is very important for someone who is facing drug charges to put things down in writing according to a specific, scientifically designed formula that will gather information in the most effective manner possible. People forget to tell things to their attorney all the time, but a fact pattern report will ensure that nothing is missed.

Clear instructions about how to do that fact pattern report: Day number one, a person writes down any and everything about the events that happened; they also provide a resume about themselves. The guiding principle is, if you have to ask, “Should I include?” the answer is always “Yes.” Put everything down, even if it is five hundred pages of single spaced text in tiny print. Far better than five lines scrolled on a notepad. Defense attorneys need detail, detail, detail, so they do not miss out on anything. Therefore, the most important thing for someone to do is to begin that fact pattern report immediately. They need to print it out of the computer, instead of texting it to their attorney, and the person is to carry it with them everywhere they go in the note taking phase. Put it in a folder to protect privacy but carry it everywhere, so you can add in a note or point anytime it strikes.

Put notes in the margins while at work, stopped at a stoplight, having lunch or doing anything else because the rest of day one, two, three and four are for note taking. By putting those notes in the margins of that printout, at the end of day four, when the person completes the fact pattern report, that is the key to an effective defensive strategy. That is because they have significantly more information than virtually any defense lawyer. Before the attorney asks questions, they let the client tell their whole story in writing. If somebody tries to tell their story on a free initial consultation , a good attorney would generally shut it down because a good defensive strategy begins with the client’s story in the proper format.

From there, the attorney can start looking at things such as was the person in custodial interrogation when they were asked questions? Even if the officer says they were not in custodial interrogation, would a person reasonably believe that they are in custodial interrogation under this circumstance? What would a reasonable person believe? Was the search of the vehicle or the premises done properly? Here is a common one and this happens routinely and shows why fact pattern reports are simply the most important step. Many people have gone to prison or served time in jail because something was missed.

Someone is over for an infraction on, say, in one of the small counties in Florida. These small counties get revenue from doing things like this. They were pulled over, they were arrested, taken into custody, but what gets lost is a drug dog was walked around the vehicle but the person was kept there for forty minutes before the drug dog got there. Most people do not know this, but the rule is they can only keep you on the side of the road long enough to write a ticket. They cannot just keep you on the side of a road claiming that they are writing a ticket for going two miles an hour over the speed limit. “Oh, by the way, we’re going to wait 45 minutes for the drug dog”. That is extremely common and lawyers are missing that defense simply because they are not using fact pattern reports. I just got the evidence thrown out in a major felony case precisely on this issue.

Different attorneys use different defensive strategies. However, where you really get an insight into a case is when a client writes out a fact pattern report about any and everything that happened. This basic step is often missed by the unskilled, or simply blown off, ignored, and forgotten because people think that it is unimportant. Every defense attorney who is not using the fact pattern report to gather information about their clients is hurting the very people they should be protecting.

Read about some of the Defense Strategies That Can Be Used In Drug Cases or call Attorney Stephen G. Cobb of the Cobb Criminal Defense Law Firm in Florida for a FREE Initial Consultation at 850-423-0035 and get the information and legal answers you’re seeking.

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“"This is actually one of the best law firms I've had the pleasure of dealing with. They stick with you throughout the entire process, walking you through every step and they know the law! They were able to help me get out of a situation that had occurred because of a technicality and was very knowledgeable in the process. I would recommend them to anyone."”

James S.

“"Such a great service to go through when dealing with any legal matter! Mr. Cobb is very knowledgable and will take the time to understand and communicate with you in a timely manner."”

Dreeana A.

“"Everything was great and smooth working with Mr. Cobb. He was fast and efficient and answered any questions I had."”

Joshua T.

“"I would recommend Attorney Cobb to others. I would describe him as an honest and straightforward lawyer. All my concerns were addressed."”

Crystal H.

“"He was excellent, he did everything without me having to do much especially not living close. I hired him and told him everything and he did it all and it was a great experience. The legal assistant that works there was also amazing."”

Joseph S.

“"It was as clean of a process as it could have been for me. He handled everything for me because I live out of state and made it so simple and easy. He was great and thorough and I hardly had to do anything."”

William S.

“"If you can hire Stephen as your attorney then definitely do that. He talked openly and gave me assurance and even his legal assistant that works there is amazing. I never had any problems or trouble with them."”

Lonnie M.

“"I have used other lawyers in the past. I was facing years but left court with probation and a suspended sentence. Thank you and god bless you."”

Jason

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