What Are Examples of Drug Trafficking?
Elements of Drug Trafficking
Nobody likes to sit in traffic, and law enforcement certainly does not like to run into trafficking either. However, traffic jams and drug trafficking are two completely different playing fields. The Texas Controlled Substances Act defines drug trafficking as the manufacturing or delivery of controlled substances, and it is a felony. The type of punishment that comes along with trafficking will depend on the type of controlled substance because various controlled substances are divided into different penalty classes.The elements of drug trafficking include the following:
- The exercise of control over the controlled substance
- Knowledge that the substance was present
- Knowledge that the substance was a narcotic drug, dangerous drug, prescription-only, or other illegal drugs
- That the drug was possessed for purpose of a sale
Examples of drugs that can be trafficked are usually drugs that take the form of illicit, schedule drugs, like cocaine, heroin, and methamphetamines. Drug trafficking also consists of prescription drugs that individuals can abuse, such as Xanax, Adderall, oxycodone, and Vicodin.
How Is Drug Trafficking Proven?
While drug trafficking includes the production, distribution, and sale of illegal drugs, drug possession refers to being caught while having illegal drugs. The evidence for possessing these drugs is fairly straightforward, but it is up to the State to prove that the guilty individual was in possession of the drug and intended to sell it. This is why it is relatively simple to prove felony drug possession, but the intent to distribute becomes a bit more complicated to prove. In order to prove the elements of a drug trafficking offense, the police are required to prove the following elements beyond reasonable doubt that:
- The individual intentionally trafficked, attempted to traffic a substance, or carried on a business of trafficking drugs
- The individual intentionally trafficked in a drug of dependence
If a case lacks direct evidence of a drug transaction, the State relies on testimonies. The prosecution will use these testimonies in an attempt to establish that there was evidence of drug trafficking in addition to the obvious drugs that were found. This evidence is typically known as indicia of sale. Examples of indicia of sale include:
- Large quantities of a particular drug
- Volume of individuals coming in and out of a house
- Witness testimony of drug sales
Best Defenses Against Drug Trafficking
Beating a drug trafficking charge is no small feat, and you will want an experienced team of lawyers like The Clark Law Firm who is familiar with the best defenses for your case. A drug trafficking conviction carries with it harsh penalties and stiff fines, so we will work aggressively as we present your case in the best light possible. Some of the best defenses against drug trafficking include:
- Motion to suppress or throw out illegally obtained evidence
A motion to suppress is a motion that revolves around the exclusion of evidence from trial. When the prosecution presents their case, it will be especially important that you were handled properly through every step of the criminal process. If the police did not have probable cause to conduct a search warrant in the first place, there is a chance your case could be thrown out on a motion to suppress.
- Lack of knowledge
As mentioned above, one of the key elements in prosecuting you in a criminal case will be proving that you were aware of the substances in the first place. If we can reasonably make a case that you were unaware of the illegal substances, they would not be able to convict you of such. For example, if you were driving a rental car and the drugs were in the glove compartment, it would be perfectly reasonable that you were unaware of the substances. If you did not make any statements that would prove your awareness of the drugs and you were not tied to the drugs in any way, this could be another way to win the case.
- Affirmative defense of entrapment
When we talk about entrapment, we are referring to an instance when a normally law-abiding individual is induced into committing a criminal act that he or she would not otherwise commit. For example, it could be possible that the government, police, or other corrupt agents persuaded you to participate in the crime.
If there are aspects of your individual case that can be presented in a way that would make you appear more favorable in front of a jury, we would be sure to bring those elements to the table. It is common for major drug smugglers to take advantage of individuals in unfortunate situations, and presenting your case in this light could bode well in your favor.
To learn more about drug trafficking defense or how The Clark Law Firm can fight for your best interests, give us a call at (817) 435-4970 or contact us online.