Federal Drug Charges: Understanding the Law and What You Need to Know

As a nationwide law firm, Spodek Law Group, led by Attorney Todd Spodek, has vast experience in handling federal drug charges. If you or a loved one is facing a federal drug charge, it is essential to understand the laws that govern these charges and what you need to know to protect your rights.

What Are Federal Drug Charges?

If you are facing a federal drug charge, it means that you have been accused of violating the federal drug laws of the United States. While there are laws about illegal drugs at both the federal and state levels, federal drug cases tend to involve larger quantities of illegal drugs and larger drug trafficking organizations.

The Controlled Substances Act, 21 U.S.C. § 801 et. seq., is the federal law that applies to illegal drugs. This law was originally passed by the United States Congress in 1971 and has been amended many times since then.

Each state also has its own laws about illegal drugs, and it is illegal to possess with intent to distribute cocaine, heroin, and methamphetamine under the laws of each state as well as federal law. However, the federal government is generally only interested in larger and more serious cases that justify the use of federal resources.

What Is “possession” For Purposes Of Possession With Intent To Distribute?

Possession with intent to distribute an illegal drug means that a person knowingly possessed an illegal drug and possessed it with the intent to distribute it. “Possession” means either that the person has “direct physical control” over something, or that the person has “the power and the intention to exercise dominion or control over it, either directly or through another person or persons.”

Under the law, you can possess something even if it belongs to someone else. The federal drug laws make it a crime to possess illegal drugs, regardless of who owns them. A person can be guilty of knowingly possessing illegal drugs if they know they are possessing an illegal drug, even if they do not know what drug it is.

What Is “intent To Distribute”?

“Intent to distribute” means the intent to deliver or transfer possession of a controlled substance to another person. You can have the intent to distribute a drug, even if you have not been paid to do it. It is illegal to give someone drugs whether they, or anyone else, pays you or not.

Probably the most common and obvious way to prove that someone has the intent to distribute illegal drugs is that they possessed an amount that is more than someone would have for personal use.

What Is A “conspiracy” To Distribute Illegal Drugs?

A conspiracy charge is often used in drug cases when multiple people are involved in drug trafficking, but not all of them actually possess the drugs. A person can be charged with a federal drug crime, even if the person never actually possesses the drugs.

What Punishment Will Someone Get If They Are Found Guilty Of A Federal Drug Crime?

Judges are required to consider the range of punishment that the Federal Sentencing Guidelines recommend. The worse the facts are, and the worse the defendant’s criminal history, the higher the recommended range will be.

Many federal drug crimes have mandatory minimum sentences. If a person is convicted of a specific crime, the judge is not allowed to give them a lower sentence than the minimum, except in very limited circumstances. The mandatory minimum sentences for federal drug crimes can be very harsh.

How Can An Experienced Federal Criminal Defense Lawyer Help?

The legal meaning of “possession” can be complicated in federal drug cases, and the facts relating to whether someone knowingly possessed illegal drugs may be disputed or unclear. That is one reason why it is essential to hire a federal criminal defense lawyer with experience in federal drug cases.

What Can A Person Do If They Are Charged With A Federal Drug Crime?

If you or a loved one is charged with a federal drug crime, it is important to hire a federal criminal defense lawyer with experience in federal drug cases as soon as possible. The lawyer can help you in many ways, including:

Explaining your rights to you.
Helping you understand the charges against you and the potential consequences of a conviction.
Helping you understand the strengths and weaknesses of the Government’s case against you.
Investigating the facts and the law in your case.
Identifying any potential defenses that you may have.
Advising you about the best strategy for resolving the case.
Preparing and filing any necessary legal documents.
Negotiating with the federal prosecutor for a plea agreement that is favorable to you.
Representing you at all court appearances.
Preparing you and any witnesses to testify at trial.
Representing you at trial.
Representing you at a sentencing hearing, if necessary.
Preparing and filing any necessary appeals.

Spodek Law Group and Attorney Todd Spodek have extensive experience representing clients in federal drug cases. We understand how frightening it can be to be charged with a federal drug crime, and we know how important it is to get the right legal help. We will fight tirelessly to protect your rights and your freedom, and we will work hard to achieve the best possible outcome for your case.

If you or a loved one is facing federal drug charges, please do not hesitate to contact us to schedule a free consultation. We are here to help.