Stephen G. Cobb - Florida Criminal Defense Lawyer

Defense Strategies That Can Be Used In Drug Cases


What Are Some Of The Defense Strategies That Can Be Used In Drug Cases?

Defense strategies are fairly well known, but they are not as well executed as they could be. It is one thing to know about a defense, it is another thing to know how to execute it. Defense strategies begin with a fact pattern report rather than a discussion of hypothetical motions to suppress evidence to keep it out of trial.

The most important defensive strategy is the preparation. This is tactically started with a client’s written version of all information needed, in the form of a fact pattern report. That is defense strategy starts is in the very beginning of every case: get the client’s version of all of the facts, no matter how minor, and carefully assess them.

For example, It is very important for someone who is facing drug charges to put things down in writing according to a specific, scientifically designed formula that will gather information in the most effective manner possible. People forget to tell things to their attorney all the time, but a fact pattern report will ensure that nothing is missed.

Clear instructions about how to do that fact pattern report: Day number one, a person writes down any and everything about the events that happened; they also provide a resume about themselves. The guiding principle is, if you have to ask, “Should I include?” the answer is always “Yes.” Put everything down, even if it is five hundred pages of single spaced text in tiny print. Far better than five lines scrolled on a notepad. Defense attorneys need detail, detail, detail, so they do not miss out on anything. Therefore, the most important thing for someone to do is to begin that fact pattern report immediately. They need to print it out of the computer, instead of texting it to their attorney, and the person is to carry it with them everywhere they go in the note taking phase. Put it in a folder to protect privacy but carry it everywhere, so you can add in a note or point anytime it strikes.

Put notes in the margins while at work, stopped at a stoplight, having lunch or doing anything else because the rest of day one, two, three and four are for note taking. By putting those notes in the margins of that printout, at the end of day four, when the person completes the fact pattern report, that is the key to an effective defensive strategy. That is because they have significantly more information than virtually any defense lawyer. Before the attorney asks questions, they let the client tell their whole story in writing. If somebody tries to tell their story on an initial consultation, a good attorney would generally shut it down because a good defensive strategy begins with the client’s story in the proper format.

From there, the attorney can start looking at things such as was the person in custodial interrogation when they were asked questions? Even if the officer says they were not in custodial interrogation, would a person reasonably believe that they are in custodial interrogation under this circumstance? What would a reasonable person believe? Was the search of the vehicle or the premises done properly? Here is a common one and this happens routinely and shows why fact pattern reports are simply the most important step. Many people have gone to prison or served time in jail because something was missed.

Someone is over for an infraction on, say, in one of the small counties in Florida. These small counties get revenue from doing things like this. They were pulled over, they were arrested, taken into custody, but what gets lost is a drug dog was walked around the vehicle but the person was kept there for forty minutes before the drug dog got there. Most people do not know this, but the rule is they can only keep you on the side of the road long enough to write a ticket. They cannot just keep you on the side of a road claiming that they are writing a ticket for going two miles an hour over the speed limit. “Oh, by the way, we’re going to wait 45 minutes for the drug dog”. That is extremely common and lawyers are missing that defense simply because they are not using fact pattern reports. I just got the evidence thrown out in a major felony case precisely on this issue.

Different attorneys use different defensive strategies. However, where you really get an insight into a case is when a client writes out a fact pattern report about any and everything that happened. This basic step is often missed by the unskilled, or simply blown off, ignored, and forgotten because people think that it is unimportant. Every defense attorney who is not using the fact pattern report to gather information about their clients is hurting the very people they should be protecting.

Read about some of the Defense Strategies That Can Be Used In Drug Cases or call Attorney Stephen G. Cobb of the Cobb Criminal Defense Law Firm in Florida for a FREE Initial Consultation at (850) 466-1522 and get the information and legal answers you’re seeking.

Stephen G. Cobb, Esq.

Get your questions answered - call me for your free, 20 min phone consultation (850) 466-1522

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