Donte T Wyatt -
What can your criminal defense attorney do for your narcotics case?
Narcotics Offenses present a unique and dynamic set of circumstances that can only be effectively navigated by an
experienced criminal defense attorney. Narcotics cases, regardless of the specific controlled substance (heroin,
methamphetamine, cocaine, ecstasy etc.), all have some base elements and distinguishable traits. First, most Major
Narcotics cases are investigated by specialized units of detective and or agents that primarily focus on narcotics.
This is important because these investigators are often involved in proactive police work where they are out
seeking offenders versus simply responding to reports of criminal conduct. Many Narcotic cases are developed over
months of investigation and the specialized investigators use specific investigative
Narcotics investigators often rely on what is commonly referred to as cooperating individuals. A cooperating
individual is a person that is not a member of law enforcement that assists aids or provides information to law
enforcement. These cooperating individuals are often people who have been arrested by law enforcement and they
offer to help law enforcement officials in exchange for leniency. In addition, to cooperating individuals that are
trying to “work off their case” law enforcement may also use “mercenaries” cooperating individuals that are paid
for the information that they provide. Cases involving cooperating individuals also involve sealed search warrants
and reports that are not provided in traditional discovery. Having a criminal defense attorney that knows how to
spot these issues in cases and how to unseal search warrant can dramatically affect the outcome of these cases.
Therefore having a criminal defense attorney that has extensive experience dealing with narcotics is the only way
to effectively present a
Under Cover Operations
In addition, to the use of cooperating individuals narcotics investigator also work in an undercover capacity to
buy and sell drugs. The buying and selling of drugs by law enforcement agents can create strong evidence against
the person that directly deals with the undercover officer. However, when officers directly engage a person in a
drug transaction there may be issues of entrapment. As a knowledgeable criminal attorney, Donte Wyatt knows exactly
how to deal with Under Cover Operations.
Entrapment is a defense. The defendant has the burden of proving this defense by a
preponderance of the evidence. This is a different standard from proof beyond a reasonable doubt. To meet this
burden, the defendant must prove that it is more likely than not that (he/she) was entrapped. A person is entrapped
if a law enforcement officer [or (his/her) agent] engaged in conduct that would cause a normally lawabiding person
to commit the crime.
Some examples of entrapment might include conduct like badgering, persuasion by ﬂattery or coaxing, repeated and
insistent requests, or an appeal to friendship or sympathy.
Another example of entrapment would be conduct that would make commission of the crime unusually attractive to a
normally law-abiding person. Such conduct might include a guarantee that the act is not illegal or that the offense
would go undetected, an offer of extraordinary beneﬁt, or other similar conduct. If an officer [or (his/her) agent]
simply gave the defendant an opportunity to commit the crime or merely tried to gain the
defendant’s conﬁdence through reasonable and restrained steps, that conduct is not entrapment.
The most complicated tool used by narcotics investigators is the wire tap. Click here to read more about wire taps.
Wire taps present a formidable obstacle to effective criminal due to the fact that it is likely
that the person charged has been recorded making admissions and or incriminating statements. However an experienced
criminal defense attorney knows how to effectively evaluate a wire tap and organize an effective defense despite
such an obstacle. A wire tap is an investigative tool that the court will allow for the investigation of certain
offenses when other traditional methods of investigative have proven ineffective. Therefore, the law enforcement
organization has to establish that the wiretap is the only way in which they can effectively investigate the target
crime. The law enforcement officer has to file an application that outlines the probably cause and their prior
efforts to use traditional investigative methods.
Each application for an order authorizing the interception of a wire or electronic
communication shall be made in writing upon the personal oath or affirmation of the Attorney General, Chief Deputy
Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or of a district attorney, or the
person designated to act as district attorney in the district attorney's absence, to the presiding judge of the
superior court or one other judge designated by the presiding judge. An ordered list of additional judges may be
authorized by the presiding judge to sign an order authorizing an interception. One of these judges may hear an
application and sign an order only if that judge makes a determination that the presiding judge, the first
designated judge, and those judges higher on the list are unavailable. Each application shall include all of the
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