How to Build a Solid Case With Your Drug Defense Lawyer and Maximize Your Chance of a Successful Outcome

Posted: February 15, 2023 at 12:00 am

Your fight against drug charges could determine the quality of your life for decades to come. Being convicted of a drug offense in Kansas can mean jail time, heavy fines, and civil forfeitures. Working with a drug defense lawyer in Kansas will give you a stronger chance of prevailing over the charges. Here is a look at how your attorney can help you build a successful defense case.

How to Build a Solid Case With Your Drug Defense Lawyer

When you sit down to discuss your case with your drug crime lawyer, he or she will help you evaluate your options. If the government has offered you a plea bargain, it is important to weigh the implications of a guilty verdict against your chances of avoiding conviction altogether. While a reduced sentence might sound tempting, living with a drug offense can make it difficult to secure a job, rent an apartment, and even travel abroad.

Even if you are guilty, avoiding conviction may be possible with a solid defense strategy. We encourage you to meet with our drug crime attorney and share the details of your case in a free, confidential consultation. If your arrest involved any form of police misconduct or protocol violation, there is a strong chance that your case will be dismissed. We will act in your best interests by exploring defenses or strategies that could help you avoid conviction.

6 Strategies That Could Help You Avoid Conviction:

Show That Your Arrest Was Illegal

Police officers are not allowed to arrest individuals on a whim. Even if the officers strongly suspect that a person has committed a crime, they cannot act without probable cause. When we discuss your case with you in private, we will ask for specific details regarding the manner of your arrest.

If you were stopped and searched, we would look into whether or not the officers had the right to pull you over. If officers came to your home, we would look into whether or not they had a warrant to search through your property. Any deviation from police protocols could lead the court to dismiss your case, even if the officers found drugs in your procession. You may be able to present evidence that your arrest was illegal if:

  • You were pulled over without due cause
  • You were detained beyond the permissible amount of time
  • You were not read your Miranda rights
  • The officers were not authorized to search you
  • Your car was stopped before you broke any rules of the road
  • The officers used excessive force


Prove That Your Drug Test Was Faulty or Incorrectly Administered

If you were given a drug test that read positive, your attorney might be able to help you suppress the evidence by arguing that it was subject to a procedural error. After arresting an individual, officers have a limited window of time in which they are allowed to administer a drug test.

You may be able to show that the test kit was poorly manufactured or that the results were incorrectly read. If the person who administered the test did not follow the directions perfectly, you might be able to use their error to support your defense strategy.

Indicate That the Drugs Were Improperly Handled

In addition to the arrest and the administration of the drug test, the handling of confiscated substances is highly regulated. Any chance that the police contaminated or mislabeled the drugs they took from you can cause your case to be thrown out.

Furthermore, confiscated substances are sent to a laboratory to be tested. Investigating how they were handled at the testing facilities and the credibility of the tests that were used could provide another opportunity to discredit the results.

Question the Accuracy of Witness Testimonies

In many drug cases, especially those involving driving under the influence of drugs, the prosecution depends on the testimony of the arresting officers. In advance of your trial, your attorney will prepare to examine the witnesses and highlight any inconsistencies in their version of the events. Furthermore, your criminal defense attorney may be able show that the individuals testifying against you are unfit to act as witnesses.

Show That You Were Unaware You Had the Drugs

Even if the officers found drugs in your procession, you may be able to prove that the substances were not actually yours. You cannot legally be convicted for merely being present in an area where illegal drugs were located.

With the right strategy, you might be able to prevent the prosecution from legally establishing possession. Our drug crime attorneys may be able to find evidence that another individual hid them in your car or home. By showing that you were not in possession of paraphernalia such as needles, bongs, syringes, pipes, or other instruments needed to use the drugs at the time of the confiscation, you could make the case that you had no intention of using illegal substances or knowledge of their location.

Argue Against the Intent to Distribute

The sentencing of drug crimes increases in severity when an individual is convicted of the intent to distribute. Our lawyers may be able to help you avoid this kind of conviction by demonstrating that you did not process any of the paraphernalia needed to distribute illegal substances, such as scales and packaging materials.

Since distributing drugs on a large scale is a business operation, dealers generally keep ledgers and transaction records, along with substantial amounts of cash. The absence of any evidence of business operations, combined with a lack of text messages between yourself and clients, can sometimes cast doubt on the argument that you intended to distribute the drugs in your possession.

Being Aware of the Deadlines Matters

In a drug case, legal deadlines come up quickly after your arrest. For example, if your driver’s license was taken, you may have only 14 days to request a hearing to retain your driving privileges. Building a strong defense case is only possible if you are aware of all the applicable deadlines. Speaking to an attorney as soon as possible can help you take action quickly.

Many aspects of the legal system in Kansas are designed to make it easier for the government to convict individuals who are brought up on drug crimes. Our attorneys believe that everyone deserves a fair trial. We will make you aware of all of the steps you must take to retain your chance of overcoming the charges.

Collaborative Effort

Building a solid case with your drug defense lawyer requires a collaborative effort between you and your attorney. You need to be honest and provide all information related to your case, including any details about the incident, the drug involved, and any previous criminal history. Keeping all documents related to your case in one place and providing copies to your lawyer can also help them prepare for your case. It is essential to stay in communication with your drug defense lawyer and keep them updated about any new developments or information related to your case. Additionally, your cooperation with your lawyer is important, and you need to follow their advice and trust their judgment. Finally, it’s important to be patient because building a solid case takes time. By working together, you and your lawyer can build a strong defense that maximizes your chances of a successful outcome.

Speak With a Skilled Drug Defense Lawyer Serving Olathe, Overland Park, and Johnson County, Kansas

Our drug crime attorneys have helped countless individuals avoid the worst consequences of a drug conviction, and we have first-hand experience implementing the defense strategies that are most likely to yield success. Your free consultation is an opportunity to learn how the legal system works and what the potential outcomes of your case are. To schedule a free consultation with us, you can call (913) 347-4367.

We will approach your case according to the type of charges you are being brought up on and the nature of the evidence. We are experienced in handling a variety of drug cases, including:

  • Possession
  • Trafficking
  • Intent to distribute
  • Cultivation
  • Manufacture
  • Paraphernalia

While it is important to understand how a drug conviction may change your life, you should never rule out the possibility of formulating a winning defense strategy. Our drug crime lawyer can help you exercise your legal right to a fair trial. To speak with attorneys in Olathe, Overland Park, or Johnson County Kansas about the charges you face, contact Henderson Legal Defense, LLC.