Understanding Federal Drug Charges with Spodek Law Group and Attorney Todd Spodek

What Are Federal Drug Charges?

A federal drug charge is a serious accusation that a person has violated the federal drug laws of the United States. At Spodek Law Group, our experienced attorneys understand the gravity of these charges and work diligently to defend clients against them.

The Controlled Substances Act, 21 U.S.C. § 801 et. seq., governs federal drug laws, and each state also has its own laws. While federal and state laws overlap, federal drug cases tend to involve larger quantities of illegal drugs and larger drug trafficking organizations.

At Spodek Law Group, we have extensive experience handling federal drug cases and are equipped to handle the most complex and challenging cases. Attorney Todd Spodek and his team of legal experts are dedicated to providing aggressive representation and achieving the best possible outcome for our clients.

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

Possession with intent to distribute is a serious crime that involves knowingly possessing an illegal drug with the intent to distribute it. Possession is a legal concept that can be difficult to understand, but at Spodek Law Group, we have a deep understanding of the law and are equipped to defend clients against these charges.

Under the law, possession means having direct physical control over something or having the power and intention to exercise dominion or control over it, either directly or through another person or persons. At Spodek Law Group, our experienced attorneys understand the nuances of possession and work tirelessly to defend our clients against these charges.

What Is “intent To Distribute”?

Intent to distribute means the intent to deliver or transfer possession of a controlled substance to another person. It is a serious crime that can carry severe penalties, including lengthy prison sentences.

At Spodek Law Group, we understand the serious nature of these charges and work diligently to defend our clients against them. Our legal team has a deep understanding of the law and the experience necessary to achieve the best possible outcome for our clients.

What Is A “conspiracy” To Distribute Illegal Drugs?

Conspiracy means an agreement between two or more persons to join together to accomplish an unlawful purpose. In drug cases, conspiracy charges are often used when multiple people are involved in drug trafficking, even if not all of them actually possess the drugs.

At Spodek Law Group, our experienced attorneys understand the complexities of conspiracy charges and are equipped to defend our clients against them. We have a deep understanding of the law and work tirelessly to achieve the best possible outcome for our clients.

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

The punishment for a federal drug crime can vary greatly depending on the facts of the case and the defendant’s criminal history. Judges are required to consider the range of punishment recommended by the Federal Sentencing Guidelines, which take into account the type of illegal drug, the amount involved, the defendant’s role in the drug trafficking organization, whether there were guns or violence involved, and the defendant’s criminal history.

At Spodek Law Group, our experienced attorneys understand the severity of these charges and work tirelessly to defend our clients against them. We have a deep understanding of the law and work tirelessly to achieve the best possible outcome for our clients.

What Is A Mandatory Minimum Sentence?

Many federal drug crimes carry mandatory minimum sentences, which means that a judge is required to impose a minimum sentence, regardless of the circumstances of the case. Mandatory minimum sentences can be very harsh and are a serious concern for anyone facing federal drug charges.

What Is A Mandatory Minimum Sentence?

Many federal drug crimes have mandatory minimum sentences. This means that, 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. Here are some examples of the mandatory sentences for a first-time felony drug offender:

Drug Quantity Mandatory Minimum Sentence Cocaine 28-279 grams 5 years 280 grams or more 10 years Heroin 100-999 grams 5 years 1 kilo or more 10 years Methamphetamine 5-49 grams actual 5 years 50 g. or more actual 10 years

There are three ways to avoid a mandatory minimum sentence. One is to plead guilty, cooperate with the Government, and provide the Government with substantial assistance in investigating or prosecuting someone else. See 18 U.S.C. §3553(e), 28 U.S.C. §994(n). A second is to reach a plea agreement with the federal prosecutor for a charge that carries a lower mandatory minimum sentence or none at all. A third is for a defendant to qualify for what is called the “safety valve.” The safety valve is a law that allows a judge to sentence someone below the mandatory minimum sentence if certain criteria are met. See 18 U.S.C. §3553(f); U.S.S.G. §5C1.2.

It is important to note that mandatory minimum sentences are just that – mandatory. Judges have no discretion to go below the minimum sentence unless one of the three exceptions mentioned above applies.

Conclusion

At Spodek Law Group, we understand how serious federal drug charges can be, and we know how to defend against them. Our attorneys are experienced in handling all types of federal drug cases, including possession with intent to distribute, conspiracy to distribute, and many others. We will fight to protect your rights, your reputation, and your future.

Attorney Todd Spodek is a nationally recognized criminal defense lawyer who has represented clients in federal and state courts throughout the country. He has a deep understanding of the law and the experience necessary to handle the most complex and challenging cases.

Contact Spodek Law Group today to schedule a free consultation with Attorney Todd Spodek. We will discuss your case, answer your questions, and explain your legal options. We are available 24/7 to help you when you need us.