Blog, Case Study, Criminal

When a close friend tried to smuggle drugs into the country, our client helped him by forging a receipt. Later, our client smoked marijuana his friend had left behind. The prosecution had strong evidence: a forged receipt, message records, and his own confession during the investigation. Under these circumstances, a conviction seemed all but certain.

And yet, the prosecution ultimately decided not to indict our client, citing a “lack of evidence.”

Even for seasoned drug defense attorneys, achieving such a result is rare. From the outset, our primary goal was securing the lightest possible sentence, not dismissal. But through careful strategy and thorough preparation, we exceeded expectations.

Drug Crimes: The Reality of Sentencing and Pre-trial Detention Risks

The severity of punishment for drug-related offenses varies significantly depending on the type of substance involved and the seriousness of the offense. However, given the nature of these cases, there is a high likelihood that an arrest warrant will be issued.

For first-time offenders caught using marijuana only once or twice, leniency is possible—but not guaranteed. The outcome largely depends on the court’s discretion. With methamphetamine, the most widely used illegal drug in Korea, courts take an even stricter stance, often imposing severe sentences.

However, hope remains when the defense can effectively demonstrate key mitigating factors: genuine remorse, commitment to prevention, small quantity possession, lack of distribution intent, and other circumstances that prosecutors find compelling.

Yet, in this case, our client panicked and deleted the messages—an action that could have put him at an even greater disadvantage.

But Doesn’t Deleting Evidence Help Avoid Charges?

Absolutely not.

Most drug-related investigations start with the arrest of distributors and suppliers. Authorities then conduct backtracking investigations to identify users based on evidence recovered from those arrests. Tampering with evidence—such as discarding drugs or deleting incriminating messages—can lead to pre-trial detention and further complicate legal proceedings. Destroying evidence does not eliminate your charge; it only worsens the situation.

After a thorough review of the case, SLG identified the best course of action.

Although the client had deleted mobile messages, we discovered that their chat history remained intact on their PC. Rather than attempting to conceal this, we determined that presenting it to the prosecution in a controlled manner would be the most strategic approach.

Additionally, we advised our client to take the bold step of voluntarily admitting marijuana use and requesting prosecution.

Communication: Building Trust Between Client and Attorney—And Within the Client

Understandably, our client was uneasy. It seemed counterintuitive—why would anyone willingly face punishment? But SLG carefully explained why this was the optimal choice, ensuring the client fully understood the strategy and felt confident moving forward.

In criminal defense, client-attorney trust is paramount. A strong defense requires more than just legal expertise; it demands clear, empathetic communication that helps the client navigate an unfamiliar and often terrifying situation. Even with legal counsel present during questioning, it is ultimately the client who must respond to investigators. For this reason, choosing a defense attorney who can both guide and reassure a client is critical.

The Art of Connection: Strengthening Relationships in Legal Defense

Achieving a ‘lack of evidence’ dismissal in a case with clear physical evidence and a confession is an exceptional feat—even for top drug defense lawyers.

One factor that sets SLG apart is our strong working relationship with law enforcement and prosecutors. In nearly all cases, we establish a foundation of mutual respect and collaboration with investigators, rather than positioning ourselves as adversaries.

This approach differs sharply from the way legal dramas portray defense attorneys. On-screen, lawyers often appear as knights clashing with prosecutors and aggressively dismantling their arguments. In reality, a combative attitude toward investigators can backfire severely.

Many defense attorneys struggle with this aspect of the profession. Some believe they must actively oppose law enforcement, while others allow ego to dictate their interactions. But at SLG, we recognize that prosecutors, police, and investigators are professionals in their own right, and our role is to engage with them strategically—not antagonistically.

This mindset shift produces tangible results:

Conclusion

The results speak for themselves. The impact of this approach is undeniable, and our success stories prove just how effective it can be. Consider the following victories SLG has achieved— successes so extraordinary that even legal professionals deem them nearly impossible:

• A client caught withdrawing cash using over a dozen stolen credit cards was granted a suspended sentence.
• A client arrested for illegally filming and possessing over 1,000 explicit videos—including self-recorded footage—had his case dismissed due to lack of evidence.
• A client faced deportation after receiving a confirmed criminal conviction for sexual misconduct, but successfully had the order revoked with SLG’s assistance.