The Pretrial Process in a Federal Drug Possession Case

Usually, the pretrial process in a drug possession case leads to an out-of-court settlement. Plea bargains resolve about 95 percent of the criminal cases in Hillsborough County federal court. As outlined below, a favorable out-of-court settlement is a process, not a result. The length of this process varies. Some drug possession cases settle in a matter of weeks or even days, but in most cases, the process lasts several months or maybe even a year.

Regardless of how long the process lasts, a Tampa criminal defense lawyer is committed to the best possible outcome under the circumstances. Federal prosecutors rarely lead with the best offer, so taking the first offer is usually not the best possible result. Instead, a Tampa criminal defense lawyer must thoroughly evaluate a drug possession case, identify all possible defenses, and successfully leverage these defenses during settlement negotiations or, if necessary, at trial.

Jail Release

First things first. Immediate jail release is the top priority for most drug possession defendants as well as most Tampa criminal defense lawyers. Pretrial incarceration compresses the time frame from several months to several days or weeks, as mentioned above. This accelerated process means an attorney is unable to fully develop all defenses. More on that below.

Jail release in Hillsborough County federal court usually means a PR bond, cash bond, or a bail bond.

PR (Personal Recognizance) release is usually available if the defendant is charged with a nonviolent crime, like drug possession, and has no criminal record. Cash bond is like a security deposit. The defendant pays the entire amount upfront and the government refunds most of that money at the end of the case. A bail bond is like an insurance policy. If the defendant fails to adhere to all conditions and the judge forfeits bail, the binding company assumes the financial risk.

Upon release, an attorney usually evaluates a drug possession case to spot potential defenses in one or more categories:

• Procedural Defense: The Fourth Amendment sharply limits the ability of law enforcement officers to search property, such as motor vehicles, and seize evidence, such as drugs. The Fifth Amendment limits police powers to interrogate suspects.
• Substantive Defense: The U.S. Attorney must prove every element of a drug possession case (close proximity, actual knowledge, and exclusive control) beyond any reasonable doubt. Such overwhelming evidence is often unavailable.
• Affirmative Defense: Coercion and necessity may be the most common affirmative defenses in drug possession cases. A third party may force a defendant to possess drugs (hold these drugs for me or else). Or, a defendant may possess drugs to keep them out of the hands of a dangerous drug addict.

Pretrial Hearings

In federal court, pretrial hearings usually include arraignments, evidence suppression hearings, and discovery hearings.

If the defendant is out on bond, an arraignment is usually a formality. The defendant enters a plea of not guilty, so an attorney can prepare a defense. In jail cases, the arraignment hearing may also be the plea hearing.

Evidence suppression hearings often center on Fourth Amendment violations, as mentioned above. If the judge excludes physical evidence, namely the illegal drugs, the government’s case often falls apart like a house of cards.

Discovery (evidence exchange) is usually limited in criminal cases. However, a Tampa criminal defense lawyer does have a right to all exculpatory evidence, such as an alibi witness statement, in the prosecutor’s possession. Rather predictably, most prosecutors don’t turn over this evidence unless they have to do so.

Diligent work during the pretrial process is usually the key to a successful resolution of a drug possession case. Lawyers who do their homework usually do well on their tests.

Count on a Hard-Working Hillsborough County Attorney

A criminal charge is not the same thing as a criminal conviction. For a confidential consultation with an experienced criminal defense lawyer in Tampa, contact the OA Law Firm. Convenient payment plans are available.