Attorney took on case from another attorney after 3 years. State asserted client mailed trafficking level of drugs (7 year min man up to 30 years, $100,000 fine) to someone in Oregon, but all client did was mail package– no fingerprints within, no admissions. Case could be taken to trial and possibly defended successfully, but dangerous as judge said she would give client 30 years prison.

Attorney determined various technical defenses exist.
(1) Attorney dusted off orgainic chemistry background and determined that YES, drugs meet legal definition of “substituted cathinone” but high probability the State won’t elicit the correct testimony at a trial to prove to a jury that the statutory definition is met. However, judge might then allow state to reopen case to get that testimony. If argument works, acquittal.

(2) Feds combined all the drugs (in different bags) after field-testing them, but wihtout actually determining what they were. While okay under federal law, case had to be charged under State law as the drugs weren’t illegal federally. Under state law, you can’t combine random drugs because trafficking is determined by weight. This argument would result in a possession conviction, but then judge could still give 5 years prison on drug possession out of irritation.

(3) some chain-of-custody issues, as drugs were shipped back by law enforcement from Oregon (and those officers probably won’t be around at trial). However, certified mail could get around this legal issue.

Trial absolutely might result in acquittal, but client decided to enter a plea rather than risk trial, as state offered 3 and 1/2 years prison (and no probation) and $50,000 fine on trafficking, rather than 7 year min man and $100,000 fine– particualrly when judge had said she’d give client 30 years prison (prior to attorney getting on to the case) .