Our justice system is founded on an important principle: the presumption of innocence. Meaning, you are supposed to be treated as an innocent person until the government presents evidence that proves your guilt beyond a reasonable doubt. The prosecution needs to prove that each element of a charge occurred and broke the defined law beyond a reasonable doubt. For drug distribution charges, the prosecution must demonstrate beyond a reasonable doubt that the defendant was intentionally involved in the sale, distribution, delivery, or gifting of a controlled substance.

If you have been arrested for drug charges it is imperative that you protect yourself. The first line of defense is not make any statements. You have a right to remain silent and the right to have an attorney present during any questioning; you should use those rights. Also, you have the right to refuse to give consent to a search of you or your property including your phone, car, and house. Refusing to consent may not stop a search from happening, but giving consent stops your attorney from raising many search and seizure issues that are commonly present in drug distribution cases. 

The largest piece of evidence in most distribution cases will be audio and video recordings of the transaction. In most cases, the video is recorded by a drug purchaser in exchange for leniency in their own criminal matters or money paid by law enforcement. And a significant number of the videos will not capture anything identifying about the “seller.” It is extremely important to watch the video and listen to the recordings before making in major decisions about what the appropriate approach for the case should be. A skilled and experienced attorney can help you reach the best decision about how to handel a drug distribution charge.