Lawyer in drug trafficking cases — protection under Article 305 of the Criminal Code

Lawyer in drug trafficking cases — protection under Article 305 of the Criminal Code

One of the most complex criminal categories of cases are those related to narcotic substances, and often only a lawyer can help with them. The transportation of drugs, psychotropic substances or precursors entails severe liability, especially if these actions constitute smuggling or are organised by a group of individuals. It is practically impossible to understand the legal intricacies of such proceedings on your own, and it can also lead to a harsher sentence, so defence in a drug trafficking case is a chance for effective protection and reduced liability for the suspect or accused.

What is drug trafficking according to the law?

The issue of illegal movement of drugs across the border or within the country is strictly regulated by the Criminal Code of Ukraine, and in such cases, an experienced lawyer is critically important. Transporting drugs, even in small quantities, is classified as a serious crime, punishable by long-term imprisonment. A lawyer can help you understand the many nuances of the case and how to minimise the consequences of your actions. Article 305 of the Criminal Code requires immediate intervention and experience in similar criminal cases.

What is the criminal liability for transporting drugs?

Transporting drugs is one of the most serious criminal offences under Ukrainian law. The most advantageous step would be to engage a specialist such as a criminal lawyer at the very beginning of the case. Drugs in any form and quantity (even small) are strictly prohibited by law and may result in the following legal consequences:

• Imprisonment, which is the most common type of punishment. The term depends on the circumstances of the case, the amount of substances, the number of times the crime was committed, etc.
• 
  Confiscation of property may be applied as an additional sanction, especially if the person's own vehicle was used to transport the drugs.
• 
  Restrictions on the right to hold certain positions or travel abroad as a result of criminal proceedings, which significantly affects the person's future life.

The liability for such crimes is very severe, even if it is assistance in transporting drugs, so every day can complicate an already difficult situation. That is why it is advisable to promptly contact a lawyer who has successful cases in similar matters.

Sanctions under Article 305 of the Criminal Code of Ukraine

Article 305 of the Criminal Code provides for criminal liability for smuggling narcotic substances or precursors. Given the particular danger to society posed by this offence, the suspect faces the following penalties:

1. Imprisonment for a term of 5 to 8 years if the person has committed such an offence for the first time.
2. 
   Imprisonment for a term of 8 to 10 years with confiscation of property for a repeat offence of the same type, if such actions are committed by a group of persons or the narcotic substances are particularly dangerous.
3. 
   Imprisonment for a term of 10 to 12 years with confiscation of property if the crime was committed by an organised group of persons or on a particularly large scale.

Timely legal intervention is often decisive, as it allows the client's rights to be defended and the crime to be reclassified as less serious.

What is considered an aggravating factor

Aggravating factors in the commission of a crime under Article 305 of the Criminal Code are circumstances that pose a high degree of danger to society and, accordingly, may lead to more severe punishment. When transporting drugs, such actions include: smuggling by an organised group or by prior agreement, repeat offences, and particularly large quantities of substances. The court may also take into account the use of official position or the involvement of minors in criminal activity. The presence of these factors often has a significant impact on the course of the case and increases the term of arrest.

Is it possible to mitigate the sentence

It is quite possible to find and apply mitigating circumstances in cases involving the transportation of narcotic substances. Most often, a sincere repentance, compensation for damages, as well as the presence of circumstances that characterize the suspect in a positive light (no previous convictions, dependents, etc.) lead to a reduction in the sentence. An experienced lawyer will help gather evidence and character references, submit them in the appropriate format, and achieve a reduction in the sentence or even its elimination.

How do we talk to the right about the transportation of narcotic substances?

Analysis of the evidence. The lawyer carefully examines the materials of the investigation, the actions of law enforcement officers and looks for damage that can play to the client’s advantage.

Preparing a dry strategy. The specialist develops the plan of action, looks for arguments and evidence of the suspect’s guilt, which can minimize or remove the accusation.

Representation at all stages. The lawyer is responsible for all investigations, investigations, examinations, during the court review and when filing an appeal, with which control the extension of the rights of the accused.

Consultation and assessment of prospects

When called to 305 CCU, consultation and assessment of materials is carried out at the first and most important stage, which indicates a further defense strategy. The lawyer carefully examines the complexity, quantity and type of speech, documents, records of investigations and other materials in order to understand that there is no violation of rights or procedural norms. On the basis of such actions, principles are formed in order to ensure that there is a real chance of improving or reducing the quality of life. Therefore, consultation and analysis of prospects and risks allows us to accurately assess the situation and take the best course of action.

Support during investigations and representation in court

The assistance of a lawyer during subsequent actions and court hearings is of utmost importance for protecting the rights and interests of the accused. At the stage of pre-trial investigation, the department monitors the activities of law enforcement officers, as well as those present at searches and additional investigations, monitors the completion of procedural procedures and submits pains at times of need. At the hour of the ship's examination, the specialist submits immediately prepared evidence, simple arguments of accusation, adds evidence and presents the client's position, aimed at acquittal and minimization punishment. Such a comprehensive approach allows you to avoid any compromises and increase the chance of a favorable outcome.

Get hired as a drug trafficking lawyer!

For those who want to minimize the risks of legal inheritance, the best option would be to contact a lawyer. Once the evidence has been obtained, the lawyer will carefully consider all the circumstances of the case in order to choose an effective strategy for protection and ensure the rights of the client during the investigation and trial. Don’t worry, even professional support is the most important factor in achieving a positive result.