Drug Possession / Trafficking

Drug Possession / Trafficking

If you or someone you care about is charged with either the possession or distribution of illegal or prescription drugs, it is important to speak with an attorney who handles theses types of cases on a daily basis and makes it a priority to stay current with this ever-changing area of the law.

Since 1995, Thomas Maiello has defended clients against a wide variety of drug-related charges related to:

  • Cocaine
  • Prescription Drugs
  • Marijuana
  • Methamphetamines

Thomas Maiello has experience defending clients against various criminal allegations relating to these controlled substances, including:

  • Possession
  • Delivery / Sale
  • Trafficking
  • Possession with Intent to Sell or Deliver
  • Conspiracy
  • Racketeering (RICO)
  • Prescription Drug Fraud

WINNING A DRUG CASE

Drug cases many times involve complex and very technical legal issues surrounding the circumstances by which the police found the illegal drugs.  There are many areas where a creative and skilled criminal defense attorney may be able get the drug evidence thrown out of court or “suppressed” because the police violated established rules of “search & seizure”. 

Some of the issues Thomas Maiello will vigorously investigate and research relating to your drug arrest are: 

The Stop and Detention
Were you or was your car stopped illegally by the police?  Did the police have sufficient “reasonable suspicion” to pull your car over or was it merely based on a “hunch”?  Did the police detain you longer than was necessary for an ordinary traffic infraction?  Did the police conduct an illegal
“pat-down”? 

Consent 
Even though you may have given consent to search your car or home, did the police pressure or coerce you?   Did the police threaten you?  Did you feel that you really did not have a choice? 

Constructive Possession
If the drugs were not found on you or in your immediate possession, is there enough evidence to prove the drugs were yours?  Did the drugs actually belong to someone else?  Can the government prove that you were in “constructive possession” of drugs found in a car or residence?

Search Warrant 
If the drugs were found in your home, did the police have a valid search warrant?  Was there legal justification or “probable cause” for a judge to issue the warrant in the first place?  Can the search warrant be invalidated and any evidence seized be “suppressed” or thrown out of court?

Drug Dog
Did the police have the right to detain you until the K-9 unit arrived?  Was the drug dog shown to be reliable and can the use of the dog be challenged in court?

Confidential Informant
Did the police use a confidential informant (CI) during its investigation?  Usually a CI has a strong motive to lie and fabricate evidence.  Many times, a CI himself has pending charges and is attempting to lessen his own sentence. Sometimes confidential informants are actually paid cash to set people up.  If your case involves one of these “snitches”, Thomas Maiello will conduct a thorough background investigation in order to effectively attack the CI’s credibility in court.

Entrapment 
If the charge involves trafficking or delivery of drugs, did the police unfairly set you up?  Were you the victim of police “entrapment”? 

 

DRUG TREATMENT & RECOVERY

Many times, a client may be suffering an addiction to illegal drugs or prescription medication and needs help.  In such cases, placement in a drug treatment program may be in a client’s best interest.

Thomas Maiello works closely with professionals who specialize in evaluating people suffering addictions.  Working in conjunction with these professionals, Tom can find placement in a residential or out-patient treatment program which is best suited for a particular client.

Another option for a client with a drug problem may be “Drug Court”.  Many times a client may qualify to participate in the Drug Court diversion program or PTI (pre-trial intervention).  Not only does this program help a client get help for a drug problem, but if completed successfully, the criminal charge may be dismissed and not result in a conviction on the client’s record.     

Call Tampa criminal defense attorney Thomas Maiello to schedule a free consultation and case analysis.