Dealing with DEA Wire Taps
News broke this week about how DEA wire taps were used to expose a drug trafficking operation. Those taps were also used to charge people in a murder on Poplar Level Rd. that occurred in January.
The Drug Enforcement Agency (DEA) works at the federal level and often with local authorities to investigate potential drug crimes. The DEA and federal prosecutors can work with judges to authorize wire taps of both cell phones and land lines.
DEA wire taps have long been successful in collecting detailed information, often without the subjects on the phone being aware of the tap. However, there are specific protections citizens have via the Constitution, the Bill of Rights, various amendments and other laws.
As an experienced drug crime attorney, I know the type of evidence law enforcement officials can gather via DEA wire taps.
If a picture paints a thousand words, a recorded conversation can paint a much worse picture for the accused. Especially when it’s in your own words.
After an arrest is made, there’s an arraignment hearing to inform the individual of the charges. A defense attorney will then begin a process of requests and formal motions to gain access to the evidence the feds or other law enforcement officials used to substantiate the charges.
This review of the evidence includes careful inspection of the warrant, how it was executed and a determination of whether the police exceeded the authority granted under the specific warrant.
It’s not uncommon to be able to have specific evidence thrown out if it can be proven that it was gathered illegally.
Depending on the federal prosecutors’ intentions, a case may be pursued at in federal court, or they may decide to hand it down to the county prosecutor. The rules and procedures vary greatly between federal and state courts.
How a defense attorney manages the overall case often depends on the jurisdiction. This is why many criminal defense attorneys stick to the circuit and district level. The formality and structure of the federal system can make it extremely complicated. There is often less latitude to negotiate, especially where federal sentencing guidelines are in place.
If you’re concerned that a case involving DEA wire taps is being built against you or a family member, you need to seek the advice of a competent, experienced federal criminal defense attorney. If the feds are involved, the evidence they already have may seem insurmountable. That’s why experience matters.