What You Need to Know About Federal Drug Charges and How Spodek Law Group Can Help

Drug charges can be a nightmare for anyone facing them, and federal drug charges are particularly serious. At Spodek Law Group, we have extensive experience in defending individuals facing federal drug charges. Our team, led by attorney Todd Spodek, is dedicated to providing the highest quality of legal representation to our clients.

What Are Federal Drug Charges and How Do They Differ from State Charges?

Federal drug charges are accusations of violating federal drug laws in the United States. The main federal law that applies to illegal drugs is the Controlled Substances Act. Each state also has its own laws about illegal drugs that often overlap with federal law. However, federal drug cases tend to involve larger quantities of illegal drugs and larger drug trafficking organizations. The federal government is generally interested in larger and more serious cases that justify the use of federal resources. This means that it is rare for the federal government to prosecute people for possessing small quantities of illegal drugs that are only for personal use.

What Do Possession and Intent to Distribute Mean?

Possession with intent to distribute an illegal drug means that a person knowingly possessed an illegal drug with the intent to distribute it. “Possession” means either having direct physical control over something or having the power and intention to exercise dominion or control over it. A person can possess something even if it belongs to someone else. The law makes it a crime to possess illegal drugs, regardless of who owns them.

“Intent to distribute” means the intent to deliver or transfer possession of a controlled substance to another person. You do not just intend to take the drugs yourself. You intend to give them to someone else, whether for money or not.

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. Conspiracy means an agreement between two or more persons to join together to accomplish some unlawful purpose. Each person plays a role in the drug trafficking, and each person is involved in the conspiracy.

What Punishment Will Someone Get If They Are Found Guilty of a Federal Drug Crime?

It is usually impossible to predict with certainty what sentence someone will receive. Federal 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 that can be very harsh.

How Can Spodek Law Group Help?

At Spodek Law Group, we understand the complexities of federal drug charges and the importance of building a strong defense strategy. Our experienced team is committed to providing aggressive representation to our clients. We have a deep understanding of the law and exhibit professionalism in all of our legal services. Contact us today to schedule a consultation and learn more about how we can help you with your 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
Cocaine | 280 grams or more | 10 years
Heroin | 100-999 grams | 5 years
Heroin | 1 kilo or more | 10 years
Methamphetamine | 5-49 grams actual | 5 years
Methamphetamine | 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.

The details of each of these possibilities are complicated. A person charged with a federal drug crime should always discuss with an experienced lawyer whether any of these options are available and whether they are a good idea.

The Importance of Hiring a Federal Criminal Defense Lawyer

If you or someone you know has been charged with a federal drug crime, it is essential to hire a federal criminal defense lawyer with experience in federal drug cases. These cases can be complex and challenging, and the stakes are high. A person convicted of a federal drug crime faces severe consequences, including a lengthy prison sentence, heavy fines, and other penalties. Moreover, a conviction for a federal drug crime can have lifelong consequences, such as difficulty finding employment, getting professional licenses, and obtaining housing. Attorney Todd Spodek and his team at Spodek Law Group have the experience, knowledge, and dedication to defend people accused of federal drug crimes aggressively. They understand the seriousness of these charges and the importance of protecting their clients’ rights and freedom.