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Michael A. Gottlieb, P.A.
“Out of the Box” Defense Strategy
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How a drug investigation can lead to an arrest

When you're stopped and questioned about drug use or are arrested for the possession of drugs, you're in a position where you need to consider how you're going to defend yourself against the charges the police place against you. If you were part of an investigation, the police and the prosecution may believe they already have enough evidence to convict you, but you still have several defensive options.

When an investigation takes place, the police collect information while on patrol. They may receive an anonymous tip that names you; the police need to investigate that tip even if you have nothing to do with a drug deal or trafficking operation.

The police may start to perform surveillance on you, tracking where you go or who you meet up with if it's believed that you play a major role in local drug trade. The officers might go undercover to try to meet with others who take or sell drugs to confirm their suspicions.

An officer might set up a drug deal, for example, which could result in you selling him or her drugs if you were in possession or in a position to do so. This could lead to your arrest, but that doesn't mean you're going to automatically be convicted of a drug crime or that you're going to face the worst possible penalties. In some cases, the police could be accused of entrapment. With an entrapment claim, you're basically stating that you would not have possessed or sold drugs if not for the persistence of the officers or their actions. Entrapment typically only occurs in situations where the officer provides the drugs. For example, one officer might give you the drugs to sell to another officer. If you follow through, you could be arrested.

These are just a few things to think about before contacting your attorney. Your case is unique, and there are ways to defend yourself.

Source: Beatrice Daily Sun, "The anatomy of a drug investigation," Chris Dunker, accessed Dec. 13, 2016

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