24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

California Drug Trafficking Defense Lawyers

November 28, 2025

California Drug Trafficking Defense Lawyers

Look, here’s the thing—you’ve been arrested for drug trafficking in California, and your sitting in a federal holding cell trying to figure out what the hell just happened. Maybe it was DEA agents at the Port of Long Beach who found 200 kilos in your shipping container, or maybe Border Patrol stopped you at the Otay Mesa crossing with fentanyl pills hidden in your car’s paneling. Either way, your looking at federal charges that carry a 10-year mandatory minimum, and you need to understand what your actually facing here.

California isn’t just any state when it comes to drug trafficking—its the second-largest border state in the country, home to the biggest port complex in America (Los Angeles/Long Beach), and the primary entry point for Mexican cartel drugs flooding into the United States. The DEA’s Los Angeles and San Diego divisions handle more cartel-connected cases than almost anywhere else, which means if your charged here, the feds are bringing everything they’ve got.

And here’s what most people don’t realize until its too late: federal drug charges in California are not like state charges. We’re talking about mandatory minimum sentences you can’t negotiate away, conspiracy laws that let prosecutors charge you even if you never touched the drugs, and judges who have very, very limited discretion once your convicted. This isn’t a DUI where you might get probation—this is 5 years, 10 years, maybe life in a federal prison where you’ll serve 85% or more of your sentance.

So if your reading this because you or someone you care about is facing federal drug trafficking charges in California, you need to understand exactly what kind of case you have, which federal district is prosecuting you, and what defenses might actually work. Because the decisions you make in the next 48 hours—who you talk to, what you say, whether you cooperate—those decisions will effect the rest of your life.

California’s Four Federal Districts: Where Your Case Will Be Prosecuted

A lot of people don’t realize that California is so big it has four seperate federal judicial districts, each with its own U.S. Attorney’s Office, its own federal judges, and its own approach to prosecuting drug cases. Where your case gets prosecuted matters—alot. The Southern District handles border cases differently than the Northern District handles port seizures, and sentencing patterns vary between districts even though there all applying the same federal guidelines.

Here’s how it breaks down, and why it matters to your defense:

Northern District of California (San Francisco/Oakland): This district covers the Bay Area, including San Francisco, Oakland, San Jose, and the surrounding counties. If your case involves the Port of Oakland—one of the busiest container ports on the West Coast—or drug distribution in the East Bay, you’ll be prosecuted here. The U.S. Attorney’s Office in San Francisco has handled major wiretap investigations; just in February 2024, three defendants were convicted after an eight-day trial involving intercepted calls between drug suppliers recieving shipments from Mexico. These cases are sophisticated—were talking about federal agents monitoring your phone for months, building conspiracy cases that connect you to cartel sources you might not even know exist.

Eastern District of California (Sacramento/Fresno): This is Central Valley territory, and if you’ve been arrested along Interstate 5—the major north-south trafficking corridor—your case is probably here. I-5 runs from the Mexican border all the way up through California, and its become such a critical drug route that small towns along the highway have turned into regional distribution hubs. Traffic stops on I-5 frequently turn into federal cases when officers find large quantities, and prosecutors in Sacramento and Fresno have seen it all: hidden compartments, false-bottom trucks, shipments disguised as produce. The Eastern District also covers the agricultural areas where Mexican drug trafficking organizations have historically cultivated marijuana and now increasingly distribute meth and fentanyl.

Central District of California (Los Angeles): This is where the highest volume of federal drug prosecutions happens, because it includes Los Angeles and the Port of Los Angeles/Long Beach complex—the largest port in the United States. If your arrested here, your likely dealing with massive quantities: shipping containers full of meth, cocaine hidden in auto parts, fentanyl powder measured in kilograms rather than grams. The DEA’s Los Angeles Field Division ran Operation Hotline Bling in 2024, which seized 376 pounds of meth and 600,000 fentanyl pills—enough fentanyl to produce 10 million lethal doses. The Central District prosecutors don’t mess around; they’ve got the resources, the experience, and the cartel connections to prove up major conspiracy cases.

Southern District of California (San Diego): This is the epicenter of fentanyl trafficking in America, and if your arrested here, your case almost certainly involves the Mexican border. San Diego County saw fentanyl seizures jump from 1,599 pounds in 2019 to over 6,700 pounds in 2021, and those numbers have only increased. The San Diego/Tijuana corridor is where the Sinaloa Cartel and CJNG move the bulk of their product into the U.S., using everything from cross-border tunnels (some over 2,000 feet long) to American “mules” recruited to drive drugs through the Otay Mesa and San Ysidro ports of entry. Ninety percent of drug seizures in the San Diego Sector happen at the ports of entry, not between them—which means if you were stopped at the border, you’ve got company, but you’ve also got federal prosecutors who specialize in these exact cases and know every defense you might try.

Why does your district matter? Because federal judges in San Diego see border cases every single day and tend to impose harsh sentences when cartel connections are alleged. Judges in the Central District handle such high volume that there’s more variability—some are tough on drug cases, others more willing to consider mitigating factors. And prosecutors in different districts have different priorities: the Southern District is laser-focused on fentanyl and cartel enforcement, while the Northern District might prioritize organized crime networks operating in the Bay Area. Your lawyer needs to know the prosecutors, the judges, and the sentencing patterns in YOUR district, because that knowledge can mean the differance between 5 years and 20.

Border Cases vs. Port Cases vs. Highway Cases: What Kind of Trafficking Charge Do You Have?

Not all drug trafficking cases are created equal, and the METHOD by which drugs were allegedly transported or smuggled makes a huge difference in how prosecutors approach your case and what defenses might work. Let me break down the three main categories of trafficking cases in California, because understanding which one you’ve got will help you understand what your up against.

Border Cases (San Diego/Tijuana Corridor): If you were arrested at or near the U.S.-Mexico border, your dealing with what the feds call a “border crossing” case. Here’s what that typically looks like—you drive up to the San Ysidro or Otay Mesa port of entry, CBP officers pull you into secondary inspection, they search your vehicle (or use X-ray technology or drug-sniffing dogs), and they find fentanyl pills, meth, cocaine, or heroin hidden in door panels, gas tanks, false compartments, or even inside the seats. The quantities can range from a few kilos to hundreds of pounds, and prosecutors will immediatley start asking: who gave you the drugs in Mexico? Who were you delivering them to in the U.S.? Are you connected to the Sinaloa Cartel or CJNG?

Here’s the thing about border cases—90% of drug seizures in the San Diego Sector occur AT the ports of entry, not in between them where people try to cross illegally. That tells you something important: the cartels are using American citizens and legal residents as mules because they can cross legally without raising as much suspicion. And the price of fentanyl pills has collapsed—back in June 2021, pills were selling for $1.65 to $1.75 each in Imperial Valley; by May 2024, the same pills were going for 45 cents. That price drop shows you the sheer VOLUME of fentanyl crossing the border—supply has exploded, which is why federal prosecutors are so aggressive about these cases.

But border cases also involve more sophisticated smuggling methods. The San Diego Tunnel Task Force has uncovered tunnels that run over 2,000 feet underground from warehouses in Tijuana to warehouses in Otay Mesa, some with ventilation systems, lighting, and rail systems for moving drugs. If your arrested in connection with a tunnel operation, your facing enhanced charges because that level of infrastructure screams “cartel operation,” and prosecutors will use it to argue your part of a major trafficking organization.

Port Cases (Los Angeles/Long Beach, Oakland): If your case involves a shipping container at the Port of Los Angeles/Long Beach—the largest port complex in the United States—your looking at a completely different kind of prosecution. Port cases typically involve MASSIVE quantities because shipping containers can hold tons of product. In 2019, CBP seized 3,800 pounds of methamphetamine at the LA/Long Beach port in what was described as the largest single meth seizure in U.S. history; the drugs were hidden in metal boxes labeled as loudspeakers. In another case, agents seized 1.7 tons of drugs headed to Australia, hidden among auto parts.

The problem with port cases is that the quantities are so large, the mandatory minimum sentences are almost always triggered, and prosecutors will argue that you HAD to know what was in the container because of the sophisticated concealment methods used. They’ll point to shipping manifests, customs declarations, and the fact that someone had to arrange for the container to be picked up and delivered. If your the person who showed up to collect the container—or if your name is on any of the paperwork—the feds will say your part of an international trafficking conspiracy, even if you claim you didn’t know what was inside.

Port cases also involve maritime smuggling, which is another huge issue in California. Fishing boats leave Ensenada, Mexico, loaded with tons of marijuana (yes, marijuana is still a federal crime even though its legal in California), and they sail up the coast to Long Beach or other harbors. In one recent case, four men were charged after CBP seized approximately one ton of marijuana from a 30-foot fishing boat in Long Beach—and that came just one day after agents recovered 3,000 pounds of marijuana on Santa Rosa Island in Channel Islands National Park. These cases show that the cartels are using every method available to move product, and if your caught up in a maritime smuggling operation, your facing the same federal mandatory minimums as someone caught at the border.

Highway Cases (Interstate 5 and Other Corridors): Interstate 5 runs north-south through California, connecting San Diego to Los Angeles to Sacramento and beyond. It’s become such a critical drug trafficking corridor that law enforcement specifically targets it, and traffic stops on I-5 frequently turn into federal cases. Here’s how it works—you get pulled over for a minor traffic violation (speeding, following too close, broken taillight), the officer asks if he can search your vehicle, and either you consent or he claims he smells marijuana or his drug dog “alerts” on your car. Next thing you know, they’re finding 50 pounds of meth in your trunk or fentanyl pills hidden in a spare tire.

Highway cases present unique defense opportunities because the initial stop has to be legal, the search has to be legal, and the officer’s supposed “probable cause” can often be challenged. Was the stop pretextual—meaning the officer was really looking for drugs and just used the traffic violation as an excuse? Did the drug dog actually alert, or is the officer lying? Did you actually consent to the search, or did you feel coerced? These are questions a good defense lawyer will ask, because if the stop or search was illegal, all the evidence gets suppressed and the case falls apart.

But highway cases also show how the cartels have adapted their distribution networks. Small towns along I-5 that used to be quiet agricultural communities are now regional hubs for meth and fentanyl distribution. The Eastern District of California has seen this shift, and prosecutors there are very familiar with the patterns: drugs come up from the border, get offloaded at a stash house in Fresno or Bakersfield, and then get distributed to smaller cities and towns throughout the Central Valley. If your arrested as part of one of these distribution networks, the feds will try to connect you to the larger conspiracy, which can mean charging you with the TOTAL amount of drugs moved by the organization, not just what was in your car.

State vs. Federal Charges: The Difference Between 3 Years and Life in Prison

This is where many, many people get confused, so let me be very clear: there is a MASSIVE difference between California state drug trafficking charges and federal drug trafficking charges. I’m talking about the difference between 2-4 years in county jail versus 10 years to life in federal prison. And the prosecutors—both state and federal—have discretion about which system to use, which means understanding this distinction could literally save you decades of your life.

California State Law (Health & Safety Code 11379): Under California state law, drug trafficking—meaning the sale, transport, or distribution of controlled substances—is prosecuted under Health & Safety Code Section 11379. If your convicted of trafficking methamphetamine under this statute, your looking at 2, 3, or 4 years in county jail or state prison, plus a fine of up to $10,000. That’s not nothing—don’t get me wrong—but compared to federal charges, its a gift. You’d be prosecuted by the local District Attorney’s office, not the U.S. Attorney. You’d go to county jail or a California state prison, not a federal penitentiary. And California has various programs, alternative sentencing options, and earlier release possibilities that simply don’t exist in the federal system.

Federal Law (21 U.S.C. § 841): Federal drug trafficking is prosecuted under Title 21, Section 841 of the U.S. Code, which makes it unlawful to “manufacture, distribute, or possess with intent to distribute” controlled substances. The penalties are brutal: for certain quantities of drugs, there’s a five-year mandatory minimum and a maximum of 40 years under 21 USC 841(b)(1)(B). For larger quantities, there’s a ten-year mandatory minimum and a maximum of LIFE under 21 USC 841(b)(1)(A). And those mandatory minimums are exactly what they sound like—the judge CAN’T sentence you to less than 5 or 10 years unless the government files a motion for substantial assistance (which we’ll talk about later).

And here’s the kicker: there’s no parole in the federal system. You serve 85% or more of your sentence, period. So if you get 10 years, your doing at least 8 and a half years. If you get 20 years, your doing 17. The idea of getting out early for good behavior or rehabilitation? Forget it. Federal sentencing is cold, mechanical, and unforgiving.

So when do the feds take over a case instead of leaving it to state prosecutors? Here are the main triggers: (1) the drugs crossed state lines or national borders; (2) the quantity is large, especially for fentanyl or meth, which are federal priorities; (3) there’s a connection—real or alleged—to a cartel or organized crime group; (4) the offense occurred in a High Intensity Drug Trafficking Area (HIDTA), which includes most of California’s major cities and border regions; or (5) federal agents (DEA, CBP, HSI) were involved in the investigation. Sometimes state and federal prosecutors will literally negotiate over who gets the case, and trust me—if the feds want it, they’ll take it, because they’ve got more resources, harsher penalties, and a higher conviction rate.

Here’s an example of how much this matters. Let’s say your arrested with 50 grams of meth. Under California state law, that’s HS 11379, and your looking at maybe 3 years. Under federal law, 50 grams of actual meth triggers the five-year mandatory minimum under 21 USC 841(b)(1)(B). Now let’s say they found 500 grams—that triggers the ten-year mandatory minimum under 841(b)(1)(A). Same conduct, same drugs, but the FORUM (state vs. federal) determines whether your doing 3 years or 10. That’s why your lawyer’s first job is figuring out whether there’s any way to keep your case in state court, or if the feds have already decided to prosecute federally, whether there’s a cooperation deal that can get you below those mandatory minimums.

And one more thing people don’t realize: even if your case starts as a state case, the feds can adopt it later. I’ve seen it happen—someone gets arrested by local police, the DA files state charges, and then a few weeks later the U.S. Attorney’s Office sends a letter saying “we’re taking over, dismiss the state case.” Once that happens, your in federal court, and all those harsher penalties apply. It’s a bait-and-switch that can devastate your defense strategy if you weren’t prepared for it.

The Drugs That Matter Most: Fentanyl, Meth, Cocaine, Heroin, and Yes, Still Marijuana

Not all drugs are treated equally in federal court, and if your charged with trafficking certain substances, the feds are going to come down on you much, much harder. Let me walk you through the drugs that are driving federal prosecutions in California right now, because understanding what your charged with—and why the government cares so much—will help you understand the kind of sentance your facing.

Fentanyl: The Federal Government’s #1 Priority

If your charged with fentanyl trafficking, you need to understand that this is the drug the federal goverment cares about most right now—I mean, they are absolutley obsessed with it. Why? Because fentanyl is incredibly deadly—just 2 milligrams is a lethal dose—and its driving the overdose crisis in America. When you read federal indictments from California, you’ll see language like “enough fentanyl to produce 10 million lethal doses,” which is the government’s way of saying “this defendant is responsible for potential mass death.” The DEA’s OD Justice program, which started in Los Angeles and San Diego in 2021, specifically investigates drug poisoning and overdose deaths, and if someone dies from fentanyl that can be traced back to you—even through a long chain of distribution—your facing murder-level enhancements.

The quantities that trigger mandatory minimums for fentanyl are MUCH lower than for other drugs. We’re talking about grams, not kilos. And because fentanyl is often mixed with other drugs (fake pills made to look like oxycodone, heroin laced with fentanyl), prosecutors can charge you with multiple counts. In the Imperial Valley Sinaloa Cartel case from June 2024, 47 people were charged in a fentanyl-and-meth distribution network, and the investigation showed that fentanyl pill prices had collapsed from $1.75 per pill in 2021 to just 45 cents per pill by May 2024. That price collapse shows the absolutely massive supply flooding into California from Mexico—and it also shows why the feds are desperate to make examples out of anyone caught trafficking it.

Methamphetamine: Mexican Cartel Production, Massive California Seizures

Meth is the other major drug driving federal prosecutions in California, and its almost entirely produced by Mexican cartels and smuggled across the border or through the ports. The quantities seized in California are staggering: in Operation Hotline Bling (April 2024), the DEA seized 376 pounds of meth from a Sinaloa-linked network in the Inland Empire. In the San Fernando Valley case (January 2024), agents seized 42 pounds of meth along with cocaine and fentanyl. And at the Port of LA/Long Beach, that historic 2019 bust seized 3,800 pounds of meth—almost two tons—hidden in fake loudspeakers or something like that.

The mandatory minimums for meth kick in at 5 grams (mixture) for the five-year minimum, and 50 grams (mixture) for the ten-year minimum. But here’s the thing—when they weigh the drugs, they weigh the entire mixture, not just the pure methamphetamine. So if you’ve got meth that’s been cut or mixed with other substances, the total weight of the mixture is what counts for sentencing purposes. I’ve seen cases where someone thought they had 30 grams of actual meth, but the lab tested it at 60 grams of mixture, which triggered the ten-year mandatory minimum instead of the five-year. That’s a HUGE difference, and its why challenging the lab’s testing methodology and weight calculations is critical—like, absolutley critical to your defense.

Cocaine: Still Prosecuted Heavily, Often Mixed with Fentanyl Now

Cocaine cases are still common in California federal courts, even though cocaine doesn’t get the same headlines as fentanyl. The problem now is that cocaine is increasingly being mixed with fentanyl, either intentionally or through cross-contamination, which means what used to be a “simple” cocaine trafficking case can turn into a fentanyl case with all the enhanced penalties that come with it. In the San Fernando Valley case, agents seized 128 pounds of cocaine along with the meth and fentanyl—showing that these trafficking organizations are moving multiple substances, there not just focused on one drug there moving everything.

The mandatory minimums for cocaine are 500 grams (mixture) for five years, and 5 kilograms for ten years. Those are higher thresholds than meth, which is why cocaine cases sometimes—sometimes—result in slightly lower sentences. But don’t count on it, because if there’s any fentanyl involved, prosecutors will charge both substances and seek the higher penalties.

Heroin: Fentanyl-Laced = Deadlier Charges

Heroin trafficking used to be its own category, but now almost all heroin is laced with fentanyl, which means heroin cases have become fentanyl cases—or I should say, what the goverment CALLS heroin cases are actually fentanyl cases now. If your arrested with what you thought was heroin, and the lab finds fentanyl in it, your facing fentanyl penalties, not heroin penalties. The mandatory minimums for heroin are 100 grams for five years and 1 kilogram for ten years—but again, if there’s fentanyl, those thresholds drop dramatically and your in a whole different sentencing universe.

Marijuana: Legal in California, Still a Federal Crime

Here’s something that shocks people—and I mean it really, really shocks them: marijuana is legal in California for recreational use, but its still a federal crime, and the feds are still prosecuting marijuana trafficking cases—especially large-scale operations. Remember those fishing boats sailing up from Ensenada with tons of marijuana? Those are federal cases. The CBP seizure of one ton of marijuana in Long Beach, and the 3,000 pounds found on Santa Rosa Island—those are federal prosecutions, and the defendants are facing years in federal prison for a substance that’s legal under state law.

Why? Because federal law doesn’t recognize California’s legalization, and because large-scale marijuana trafficking is often connected to the same cartels that move meth, fentanyl, and cocaine. If your arrested with commercial quantities of marijuana—especially if it crossed the border or was being transported interstate—you can absolutely be prosecuted federally, and the mandatory minimums are 5 years for 100 kilograms and 10 years for 1,000 kilograms. Don’t assume that because weed is legal in California, the feds won’t care. They do, and they’ll prosecute you, and you’ll be sitting in a federal prison cell wondering how you got there for something that’s sold in dispensaries down the street.

Cartel Connections: How “Sinaloa Cartel Member” in Your Indictment Means You’re Facing Life

If your indictment includes language about the Sinaloa Cartel, CJNG, or any other Mexican drug trafficking organization, you need to understand that your case just became exponentially more serious, the feds are going to throw every resource they have at you, and your looking at sentences that could extend to life in prison—and I’m not exagerating when I say that. Let me explain why cartel connections—real or alleged—are the sentencing multiplier that can turn a 5-year case into a 20-year case or worse.

The Sinaloa Cartel: Largest DTO in the World

The U.S. Intelligence Community has identified the Sinaloa Cartel as the largest and most powerful drug trafficking organization in the world. They’re involved in distributing cannabis, cocaine, heroin, methamphetamine, fentanyl, and MDMA—basically every drug that matters—and they operate extensively throughout California, especially in the Southern District (San Diego) and Central District (Los Angeles). When federal prosecutors can connect you to the Sinaloa Cartel, even tangentially—even if your connection is like three or four people removed from the actual cartel leadership—they’ll use that connection to argue that your part of a massive criminal enterprise, which allows them to charge you under conspiracy laws and hold you responsible for the actions of other members of the organization, people you might not have even met.

In April 2024, the DEA announced the results of Operation Hotline Bling, which targeted a Sinaloa-linked drug trafficking network operating in the Inland Empire. Fifteen people were arrested, and agents seized 376 pounds of meth, 37.4 pounds of fentanyl, and 600,000 fentanyl pills—I mean, think about that number for a second, 600,000 pills. The investigation started in early 2023 and involved wiretaps, surveillance, and coordination between multiple agencies. If your one of those 15 defendants, your not just facing charges for the drugs found in your possession—your potentially facing charges for the ENTIRE amount seized from the organization, because that’s how conspiracy law works under 21 U.S.C. § 846, and its absolutley devastating to defendants who don’t understand how it works until there sitting in court hearing the prosecutor talk about hundreds of pounds of drugs they never touched.

And here’s the thing about Sinaloa cases: the price data shows just how massive the operation is. In June 2021, fentanyl pills were selling for $1.65 to $1.75 each in Imperial Valley; by May 2024, the same pills were going for 45 cents. That’s a price collapse of over 70%, which tells you that supply has exploded—there’s so much fentanyl coming across the border that the price has cratered. For prosecutors, that means every person involved in the distribution chain is responsible for facilitating a public health crisis, and they’re going to seek maximum sentences, there going to ask for the highest penalties the law allows.

CJNG: Violence Enhancements and Murder Charges

The Cártel de Jalisco Nueva Generación (CJNG) is the other major cartel operating in California, and they’re known for extreme violence—and when I say extreme, I mean these are people who make the Sinaloa Cartel look restrained by comparison. A group called “Los Cabos,” which operates as CJNG’s enforcement arm in Tijuana, allegedly planned more than 150 murders—the majority in Tijuana—to ensure that CJNG could continue trafficking drugs through the San Diego corridor. If your indictment alleges connections to CJNG or Los Cabos, the government will argue that you were part of a violent criminal enterprise, which can trigger RICO charges, murder conspiracy charges, or enhancements under the sentencing guidelines for use of violence or threat of violence.

CJNG is also a prolific methamphetamine producer, using precursor chemicals procured from China and India, and they move tons—literally tons—of cocaine, meth, and fentanyl-laced heroin into the United States. If the feds can prove your connected to CJNG’s supply chain, your looking at decades in federal prison, because the organization’s reputation for violence makes judges very, very reluctant to show leniency. I’ve seen judges say things like “this organization is responsible for murders, torture, and terror, and anyone who supports it deserves no mercy,” and then they hand down a 25-year sentence to someone who thought they were just moving drugs, they didn’t realize they were connected to a violent cartel.

The Conspiracy Problem: You Don’t Need to Touch the Drugs

Here’s what terrifies most defendants once they understand it—and I mean it absolutley terrifies them: under federal conspiracy law (21 U.S.C. § 846), you can be charged with drug trafficking conspiracy even if you never personally touched the drugs, never transported them, never sold them, never even SAW them. All the government has to prove is that you knowingly agreed to participate in the conspiracy and that at least one member of the conspiracy committed an overt act in furtherance of it. That’s it. You could be the person who made a phone call setting up a meeting, or the person who wired money, or the person who rented the stash house—and your facing the same mandatory minimums as the person who actually drove the drugs across the border or sold them on the street.

And the penalties for conspiracy are the SAME as the penalties for the completed offense. If the conspiracy involved 500 grams of meth, everyone in the conspiracy is facing the ten-year mandatory minimum, even if you personally only handled 10 grams or none at all—even if you never touched a single drug. The government will use wiretaps, text messages, financial records, and witness testimony to build a web connecting you to other members of the conspiracy, and once your in that web, your responsible for everything the conspiracy did, every drug it moved, every deal it made.

The Northern California case from February 2024 shows how this works—like, its the perfect example of conspiracy prosecution. Federal agents ran a wiretap investigation from April 2018 to February 2019, intercepting calls between drug suppliers in the East Bay who were recieving shipments from sources in Mexico. Three defendants were convicted after an eight-day trial, and the evidence included intercepted phone calls—not drugs found in their possession, but CALLS about drugs, conversations about shipments, discussions about prices and quantities. That’s the power of conspiracy law: your words, your communications, your agreements—those are enough to convict you and send you to prison for decades, and you never even have to touch a drug for that to happen.

If Your Indictment Says “Cartel Member,” You Need a Lawyer Who Knows How to Fight It

The label “cartel member” or “cartel associate” is one of the most damaging things that can appear in a federal indictment, because it signals to the judge, the jury, and everyone involved that your not just a low-level courier—your part of an international criminal organization responsible for violence, addiction, and death. Even if the allegation is exaggerated or based on thin evidence—like, maybe the government has one phone call where someone mentioned the Sinaloa Cartel and now there saying YOUR connected to it—once that label is attached to you, its very, very hard to shake, its like a scarlet letter that follows you through the entire case.

But here’s the thing: not everyone accused of cartel connections actually has them. Sometimes your a low-level courier who was hired to drive a car and had no idea who you were working for. Sometimes your a legitimate businessperson whose shipping container was used without your knowledge. Sometimes the “cartel connection” is based on a single phone call or a financial transaction that has an innocent explanation—like, you wired money to someone in Mexico because there your cousin, not because there a cartel member. A good defense lawyer will attack the government’s evidence, challenge the alleged connections, and argue for a “minor role” or “minimal participant” adjustment under the sentencing guidelines, which can reduce your sentence even if your convicted.

But you need a lawyer who understands how cartel cases are prosecuted, who knows how to cross-examine DEA agents and cartel experts, and who can distinguish between someone who’s actually a cartel member and someone who’s just accused of being one. Because if the jury believes your a cartel member, your facing life—no question, no possibility of parole, life in a federal prison. If the jury believes your a low-level participant who got caught up in something bigger, you might be facing 5 or 10 years, which is still terrible but its not LIFE. That difference is everything, its the difference between seeing your kids grow up and dying in prison.

Defense Strategies That Actually Work in California Federal Drug Cases

Alright, let’s talk about what you can actually DO to fight federal drug trafficking charges in California—because despite everything I’ve said about mandatory minimums and harsh penalties and cartel connections and all the rest of it, there are defenses that work, there are ways to challenge the government’s case, and there are strategies that can reduce your sentence or even get the case dismissed. But you need to know what your doing, and you need a lawyer who’s handled these exact kinds of cases in California federal courts—not someone who does DUIs or state court misdemeanors, but someone who knows federal procedure, federal sentencing, and federal prosecutors.

Challenge the Search: Was It Legal?

The Fourth Amendment protects you against unreasonable searches and seizures, and if the government obtained evidence through an illegal search, that evidence gets suppressed—which often means the entire case falls apart, like a house of cards, everything collapses. In California drug cases, search issues come up all the time—I mean, ALL the time—and here’s where to look:

Border searches: CBP has broad authority to search vehicles and people at ports of entry, but even they have limits, there not allowed to do whatever they want. If you were detained for an extended period without reasonable suspicion—like, they held you for six hours while they tore apart your car—or if they conducted an invasive search (like a body cavity search) without probable cause, that might be challengeable. If they disassembled your car and found drugs in a hidden compartment, your lawyer needs to examine whether the level of intrusion was justified by the circumstances, because there’s a point where even a border search becomes unconstitutional.

Port inspections: Customs inspections of shipping containers are generally allowed, but if your container was targeted based on racial profiling, incorrect manifests, or other improper reasons, that could be a defense—maybe not a winning defense, but its something to argue. And if your arrested when you show up to pick up the container, the government has to prove you knew what was inside, which brings us to knowledge defenses that we’ll talk about in a minute.

Traffic stops on I-5: This is where alot of illegal searches happen—like, SO many illegal searches. If the officer pulled you over for a pretextual reason—meaning he didn’t really care about the broken taillight, he was fishing for drugs because you looked suspicious or because you had out-of-state plates—that might not invalidate the stop, but it raises questions about the officer’s motives. If the officer extended the stop beyond the time needed to write a ticket—like, the ticket should take 10 minutes but he kept you there for 45 minutes while waiting for a drug dog—that’s illegal under Rodriguez v. United States. If he searched your car without your consent and without probable cause, that’s illegal. If the drug dog didn’t actually alert and the officer is lying about it (which happens more than you’d think), that’s illegal and your lawyer needs to get the dog’s training records, certification records, and the handler’s history to expose the lie.

A good lawyer will get the dashcam footage, the bodycam footage, the drug dog’s training records, and the officer’s history of stops, and look for patterns of misconduct—because if this officer has been found to lie before, or if the dog has a history of false alerts, that destroys the government’s case.

Tunnel searches: If your case involves a cross-border tunnel, how did law enforcement discover it? Was there a valid warrant? Was there illegal surveillance? Was there an informant, and if so, is the informant reliable? These cases often involve sophisticated investigations that last for months or years, and there are many, many points where the government could have violated your rights—maybe they didn’t get a warrant when they should have, maybe they exceeded the scope of a warrant, maybe they used illegal wiretaps. Your lawyer needs to examine every step of the investigation to find the weak points.

Challenge the Quantity: Drug Weight = Sentencing Driver

The amount of drugs your charged with possessing or distributing is the single biggest factor in determining your mandatory minimum and your guidelines range—like, nothing else even comes close in terms of importance. The government will weigh the drugs and include the entire mixture—so if you’ve got meth that’s been cut with other substances, they weigh the whole thing, not just the pure meth. If you’ve got pills that contain fentanyl, they weigh the entire pill (the binder, the filler, everything), not just the fentanyl content. This can result in dramatically inflated weights, which trigger higher mandatory minimums and longer sentences, and the difference can be YEARS.

Your lawyer needs to challenge the lab’s methodology. Were the drugs tested correctly? Was the scale calibrated properly, or was it off by a few grams? Is the “mixture” calculation correct, or should only the pure substance be counted (different courts have different rules about this, and its worth arguing)? Did the lab actually test ALL the drugs, or did they just test a sample and extrapolate? Different courts have different rules about this, and the difference between 49 grams and 51 grams of meth mixture is the difference between NO mandatory minimum and a ten-year mandatory minimum under 21 USC 841(b)(1)(A). Fight over every gram—every single gram matters.

Knowledge and Intent Defenses: “I Didn’t Know What Was in the Container”

The government has to prove you KNEW you were trafficking drugs—knowledge is an element of the offense, and without it there’s no crime. In port cases involving shipping containers, this can actually be a viable defense—if your a logistics worker or a trucking company employee who was sent to pick up a container, and you had no idea it contained drugs, you might have a defense. The government will point to the sophisticated concealment (drugs hidden in auto parts, loudspeakers, whatever) and argue that you must have known because why else would someone pay you $500 to pick up a container, but if there’s no direct evidence—no phone calls, no texts, no admissions, no prior relationship with the shipper—you might be able to create reasonable doubt.

Similarly, in borrowed car scenarios or cases where someone else had access to your vehicle, you can argue that the drugs weren’t yours and you didn’t know they were there. This is harder to win if the drugs were found in a hidden compartment that only you had access to, or if there’s other evidence (like your GPS showing multiple trips to the border, or texts about “packages”), but its not impossible—I’ve seen defendants win on knowledge defenses when the government’s case was weak.

Severance from Conspiracy: Distinguish Yourself from the Cartel

If your charged as part of a conspiracy—which is like 80% of federal drug cases in California—one of the most important defense strategies is to sever yourself from the larger conspiracy and argue that you had a limited role, limited knowledge, and no involvement in the violence or leadership. Under the federal sentencing guidelines, you can get a “minor role” adjustment (2-4 levels off your offense level) or a “minimal participant” adjustment (4 levels off) if you can show that you were just a low-level courier or a peripheral player who didn’t know the full scope of the conspiracy.

This is critical—absolutley critical—because in conspiracy cases, the government will try to hold you responsible for ALL the drugs trafficked by the conspiracy, even drugs that moved before you joined or after you left. But if you can show that you only knew about and participated in a small portion of it, your “relevant conduct” for sentencing purposes is much lower. So instead of being responsible for 500 kilos (the total amount the conspiracy moved over two years), you might only be responsible for 10 kilos (the amount you personally handled or knew about). That can take you from a life sentence to a 5-year sentence—its a massive, massive difference.

Cooperation: Substantial Assistance and Safety Valve

Look, here’s the reality—and I’m going to be very blunt about this: the ONLY way to get below a mandatory minimum sentence in federal court is if the government files a motion for substantial assistance under 18 U.S.C. § 3553(e) or U.S.S.G. § 5K1.1, or if you qualify for the “safety valve” under 18 U.S.C. § 3553(f). Those are the ONLY two ways, there’s no third option, there’s no magic trick your lawyer can pull. Let me explain both:

Substantial assistance (5K1.1 motion): If you cooperate with the government—meaning you provide information or testimony that helps them prosecute other people—the prosecutor can file a motion asking the judge to depart below the mandatory minimum. This is entirely at the prosecutor’s discretion; you can’t force them to file it, you can’t sue them if they don’t, they have absolute power over this decision. And cooperation is dangerous—if your cooperating against cartel members, your putting yourself and your family at risk, you might need witness protection, you might have to move to a different state and change your identity. But if your facing 20 years and cooperation can get you down to 5, many, many people take that deal because what else are they going to do, spend two decades in prison?

Safety valve: If you meet five specific criteria, you can avoid the mandatory minimum even without cooperating—you don’t have to snitch, you don’t have to testify, you just have to qualify. The criteria are: (1) you don’t have more than 4 criminal history points; (2) you didn’t use violence or possess a weapon during the offense; (3) the offense didn’t result in death or serious injury to anyone; (4) you weren’t a leader, organizer, manager, or supervisor of the offense; and (5) you’ve truthfully provided all information about the offense to the government by the time of sentencing. If you qualify—if you meet ALL five criteria—the mandatory minimum doesn’t apply, and the judge can sentence you based on the guidelines alone, which might be lower. But if you fail even ONE of those criteria, you don’t get safety valve, and your stuck with the mandatory minimum, no exceptions.

Sentencing Mitigation: Downward Departures and Variances

Even if your convicted and the mandatory minimum applies—even if your stuck with 5 or 10 years no matter what—there are still ways to argue for a lower sentence within the guidelines range or below it (if the mandatory minimum allows for variance). Your lawyer should present evidence of: first-time offender status, family circumstances (dependents who rely on you, kids who need you, elderly parents you care for), mental health or substance abuse issues that contributed to the offense, your role in the offense (were you the organizer or just a courier), acceptance of responsibility (you get a 3-level reduction if you plead guilty and accept responsibility early in the case), and any other mitigating factors that make you less culpable than the typical defendant.

Judges in California federal courts vary widely in there willingness to grant variances—some judges stick very close to the guidelines, others are more willing to go below based on individual circumstances. But its always worth arguing for, because the difference between the low end and the high end of a guidelines range can be years, and every year matters when your talking about federal prison, every single year of your life matters.

Sentencing Realities in California Federal Courts: What You’re Actually Facing

Let me be very, very clear about what happens if your convicted of federal drug trafficking charges in California, because alot of people—I mean ALOT of people—don’t understand how federal sentencing works until its too late, they think they can negotiate the way they might in state court or they think the judge will have sympathy for there situation, and then there shocked when the judge hands down a sentence that’s twice what they expected and says “my hands are tied, the law requires this.”

Mandatory Minimums Are MANDATORY

I’ve said this before, but it bears repeating because people still don’t believe it: if your convicted of an offense that carries a mandatory minimum—5 years, 10 years, 20 years, life—the judge CANNOT sentence you to less than that unless the government files a substantial assistance motion or you qualify for safety valve. It doesn’t matter if your a first-time offender. It doesn’t matter if you have kids who need you. It doesn’t matter if the judge thinks the sentence is too harsh and says so right there in court. The law requires the minimum, and the judge’s hands are tied—there literally bound by statute.

In California, I’ve seen judges express frustration with mandatory minimums, saying things like “if I had discretion, I would sentence you to 3 years because I think that’s what’s fair, but the law requires 10, so that’s what your getting, and I’m sorry but there’s nothing I can do about it.” That’s the reality of federal drug cases—the sentencing is mechanical, its driven by statutes passed by Congress decades ago during the “War on Drugs,” and there still on the books, and there still being enforced every single day in federal courts across California and the rest of the country.

The Federal Sentencing Guidelines

Even if there’s no mandatory minimum, or if the mandatory minimum is the floor and the guidelines go higher, the judge will calculate your sentence using the U.S. Sentencing Guidelines—and let me tell you, these guidelines are complicated, there based on a point system that takes into account the drug type, the drug quantity, your role, your criminal history, whether you obstructed justice, whether you accepted responsibility, and a bunch of other factors. Here’s how it works:

1. Base Offense Level: The guidelines assign a base offense level based on the type and quantity of drugs. For example, 500 grams to 1.5 kilograms of meth mixture is a base offense level of 30 (I’m pretty sure its 30, might be 32, but its around there). More drugs = higher level, its a sliding scale.

2. Adjustments: Your offense level gets adjusted based on your role (were you a leader/organizer, or a minimal participant?), whether you accepted responsibility (plead guilty early = 3-level reduction, which can save you years), whether you obstructed justice (lied to investigators, destroyed evidence, intimidated witnesses = levels added), whether a weapon was involved (guns = big enhancement), and so on.

3. Criminal History Category: Your prior criminal record gets scored using “criminal history points.” The more points you have, the higher your category (I through VI). Category I is no prior record or very minimal record; Category VI is extensive record, your basically a career criminal in the eyes of the guidelines.

4. Guidelines Range: The intersection of your offense level and criminal history category gives you a guidelines range—a range of months that the judge is supposed to consider. For example, offense level 30, criminal history I = 97 to 121 months (roughly 8 to 10 years). The judge picks a sentence within that range, or goes outside it if there’s a reason to depart.

Judges are no longer required to sentence within the guidelines range—the Supreme Court made them advisory in United States v. Booker back in 2005—but most judges still treat the guidelines as the starting point, and departures from the guidelines have to be explained and justified on the record. So while the guidelines aren’t mandatory like the mandatory minimums, there still very, very influential, and most sentences end up within the guidelines range or close to it.

California Federal Judges: Who You Get Matters

Different federal judges in California have different sentencing philosophies—like, VERY different—and who you get assigned can make a HUGE difference in your sentence, the difference between 5 years and 15 years sometimes. Some judges in the Southern District, where they see border cases every single day and there dealing with the fentanyl crisis and cartel violence constantly, are very tough on drug trafficking and routinely impose sentences at the high end of the guidelines or even above if they can justify it. Other judges in the Central District or Northern District might be more willing to consider mitigating factors—like your family situation, your lack of criminal history, your cooperation with the investigation—and impose sentences at the low end or below.

Your lawyer should know the judges in your district—there tendencies, there pet peeves, there typical sentences for drug cases, whether there former prosecutors or former defense attorneys (that makes a difference). If you get a judge who’s known for imposing harsh sentences in cartel-connected cases, your strategy might be to plead guilty early and hope for a cooperation deal or safety valve. If you get a judge who’s more lenient, you might push for a trial or argue more aggressively for a downward variance based on your personal circumstances.

Recent Sentences from 2024 California Cases

Let’s look at some real examples from recent California federal drug cases to give you a sense of what defendants are actually getting—not what the statute says, but what judges are actually imposing in real courtrooms:

Operation Hotline Bling defendants (April 2024): 15 people arrested in Sinaloa-linked network, facing charges for 376 pounds of meth and 600,000 fentanyl pills. The sentences haven’t been handed down yet (as of late 2024), but based on the quantities involved, most defendants are looking at 10-year mandatory minimums at a MINIMUM, and those identified as leaders or organizers could be facing 20 years to life—like, life in prison for running a trafficking organization.

San Fernando Valley drug ring (January 2024): Seven defendants indicted for distributing cocaine, meth, and fentanyl. The quantities seized (42 pounds of meth, 128 pounds of cocaine, 6.6 pounds of fentanyl powder) suggest that most defendants will face 10-year mandatory minimums, with enhancements possible for those in leadership roles or those who had guns.

Northern California East Bay suppliers (February 2024): Three defendants convicted after an eight-day trial involving a wiretap investigation that lasted from April 2018 to February 2019. The sentences weren’t specified in the DEA press release, but given that the case involved drugs from Mexico and a multi-month wiretap showing an ongoing conspiracy, these defendants are likely facing 5 to 10 years at minimum, possibly more depending on the total quantities involved and there criminal history.

These are just snapshots, but they show you the pattern: federal drug sentences in California are measured in YEARS, often DECADES, and the quantities that trigger these sentences are lower than most people realize—your not talking about tons of drugs, your talking about pounds or even grams in the case of fentanyl.

The 85% Rule: You’re Doing Almost Your Entire Sentence

In the federal system, there’s no parole—I want to make that absolutley clear because people always ask “when can I get paroled” and the answer is NEVER. You serve your sentence, minus up to 15% for good behavior (which is pretty much automatic unless you get in trouble in prison)—which means you serve at LEAST 85% of whatever the judge imposes. So if you get 10 years, your doing 8.5 years, no parole, no early release, no “I’ve been rehabilitated so let me out.” If you get 20 years, your doing 17 years. If you get life, your dying in prison unless you get executive clemency from the President (which almost never happens).

There’s no getting out early for rehabilitation programs, no parole board to convince that you’ve changed, no second chances. You do your time, and then when your released you get put on supervised release (which is like federal probation), and if you violate the conditions of supervised release—if you use drugs, if you don’t report to your probation officer, if you leave the district without permission—you can go back to prison for years more.

This is why federal sentences are so devastating compared to state sentences—your doing almost the entire thing, and your doing it in a federal prison (USP or FCI facility), which is often hundreds of miles from your family and much harder for them to visit. I’ve had clients who get sent to prisons in Texas or Oklahoma or even Pennsylvania when there family is in California, and the family can’t afford to visit, so the person spends years without seeing there kids. Its brutal.

Why You Need a Federal Drug Trafficking Defense Lawyer Yesterday—Not Tomorrow, Not Next Week, Right Now

If your reading this because you’ve been arrested, or because federal agents have contacted you, or because you know an indictment is coming—maybe someone in your organization has been arrested and you think your next—you need to understand something that I cannot stress enough: the decisions you make in the next 24 to 48 hours will determine the outcome of your case more than anything else, more than the facts, more than the evidence, more than the law. And if you wait—if you try to handle this yourself, if you talk to the agents without a lawyer thinking you can explain your way out of it, if you think you can figure it out later—you will destroy your defense before it even starts, and you will spend the rest of your life regretting it.

Proffer Sessions: Make or Break

In many federal drug cases, especially conspiracy cases where the government is trying to build a case against multiple people, the government will offer you a “proffer session”—an opportunity to come in, sit down with prosecutors and DEA agents, tell them what you know, and see if you have information valuable enough to earn a cooperation deal. These sessions are governed by “queen for a day” agreements, which means that what you say can’t be used against you directly in the government’s case-in-chief—but it CAN be used to find other evidence, to cross-examine you if you testify differently at trial, and to impeach you if you lie or change your story. So its not really immunity, its very limited protection.

Proffer sessions are incredibly dangerous if you don’t have a lawyer who knows what there doing—and I mean INCREDIBLY dangerous. I’ve seen people go into proffers thinking there helping themselves, thinking “if I just explain what happened, they’ll see I’m not a bad person,” only to realize later that they admitted to more than they needed to, implicated other people (which makes them a snitch and a target for retaliation), or said things that locked them into a version of events they can’t change later when they remember new details. The prosecutors are in that room to evaluate whether your useful to them—can you give us bigger fish, can you testify against your co-defendants, can you provide evidence we don’t already have—and if your not useful, if you don’t have valuable information, there going to use what you said to bury you, there going to use your own words to prove the conspiracy.

Your lawyer needs to be in that room with you, advising you on what to say and what NOT to say, protecting you from questions that are designed to trap you or get you to admit to things you don’t need to admit to, and negotiating the terms of any cooperation agreement before you give up information. If you go in without a lawyer—if you think “I’ll just talk to them and see what they want”—your making a catastrophic mistake that could cost you decades of your life.

Bail Hearings: Presumption of Detention

In federal drug trafficking cases, there’s a statutory presumption that you should be detained pending trial—meaning the government doesn’t have to prove your a flight risk or a danger to the community, YOU have to prove that your not, the burden is on you to show you should be released. And if your charged with trafficking fentanyl (which the government will argue is a deadly substance responsible for tens of thousands of deaths) or if the government alleges your connected to a cartel (which they’ll argue means your part of a violent criminal organization with resources to help you flee or intimidate witnesses), the judge is going to be very, very reluctant to let you out on bail—I mean, judges are denying bail in these cases at very high rates.

Your lawyer needs to be at your initial appearance—which happens within a day or two of your arrest—to argue for bail, present a bail package (where you’ll live, who’ll supervise you, whether you’ll wear a GPS monitor, whether family members will co-sign a bond), and convince the judge that your not going to flee to Mexico or intimidate witnesses or continue dealing drugs while your out. If you don’t have a lawyer at that initial appearance, if you just show up and hope for the best, your probably getting detained, and once your detained, its much harder to fight your case—you can’t help with your defense, you can’t meet with your lawyer easily, you can’t gather evidence or interview witnesses, and your sitting in a federal detention center for months or even years waiting for trial, which makes it much more likely you’ll plead guilty just to get the case over with.

Evidence Preservation: It’s Disappearing Right Now

Every day you wait to hire a lawyer is a day that evidence disappears—and I mean literally disappears, gets deleted, gets recorded over, gets thrown away. Surveillance footage gets recorded over after 30 or 60 days, witnesses move or forget details or decide they don’t want to get involved, GPS data gets deleted from phones and vehicles, phone records become harder to obtain as time passes. If your case involves a traffic stop on I-5, your lawyer needs to get the dashcam and bodycam footage NOW—like, immediately—before its erased or recorded over. If your case involves a border crossing, your lawyer needs to get the CBP inspection records, the X-ray images, the drug dog handler’s notes, the secondary inspection report—all of that evidence exists right now, but it won’t exist forever, and if you wait three months to hire a lawyer, that evidence is gone and your defense options are gone with it.

A good defense lawyer will immediately start issuing preservation letters to law enforcement agencies, subpoenaing records before there destroyed, interviewing witnesses before they disappear or forget what happened, and locking down evidence before it vanishes. If you wait weeks or months to hire a lawyer because your trying to save money or because your hoping the case will go away, that evidence is gone, and you’ve lost critical defense opportunities that could have made the difference between conviction and acquittal.

Prosecutor Contact: NEVER Talk to the Feds Without a Lawyer

If DEA agents or federal prosecutors contact you—whether there showing up at your door at 6am with a warrant, calling you on the phone and saying they want to ask you some questions, or sending you a letter saying they want to interview you—DO NOT TALK TO THEM without a lawyer present. I don’t care how friendly they seem. I don’t care if they say “we just want to hear your side of the story.” I don’t care if they promise that cooperating will help you or that “this is your only chance to make a deal.” They are building a case against you, and everything you say will be used to support that case, and nothing—NOTHING—you say will actually help you unless its part of a formal cooperation agreement negotiated by your lawyer.

Federal agents are allowed to lie to you—the Supreme Court has said that’s perfectly legal. They can say “we have evidence that you did X” when they don’t have any such evidence. They can say “your co-defendant already told us everything, so you might as well talk” when your co-defendant hasn’t said a word. They can say “if you don’t cooperate now, the offer is off the table” when there was never any offer to begin with. There job is to get you to talk, to get you to make admissions, to get you to implicate yourself and others, and there very, very good at it—these are trained investigators who do this every day, and they know every psychological trick to get people talking.

Your ONLY response should be: “I want to speak to my lawyer, and I’m not answering any questions without my lawyer present.” Say that—just that, nothing else—and then STOP TALKING. Don’t try to explain yourself. Don’t try to defend yourself. Don’t try to minimize your involvement. Don’t try to blame someone else. Just say you want a lawyer, and then say nothing else, and keep saying nothing no matter how long they keep you there or what they threaten you with. Anything else is a mistake that will haunt you for the rest of your case.

Time-Sensitive Defenses: Speedy Trial, Suppression Motions, Witness Availability

You have a right to a speedy trial under the Speedy Trial Act—federal cases are supposed to go to trial within 70 days of indictment or initial appearance, whichever is later. But that clock can be stopped for all sorts of reasons (continuances requested by either side, motions pending before the court, excludable delay for various statutory reasons), and if your lawyer doesn’t pay attention to the speedy trial clock, if they keep agreeing to continuances without thinking about the strategic implications, you could be sitting in detention for a year or more waiting for trial, and by that point your so worn down that you’ll take any plea deal just to get out.

Similarly, if your going to file a motion to suppress evidence—challenging the legality of a search or seizure, arguing that the traffic stop was pretextual, arguing that the border search exceeded constitutional limits—there are deadlines for filing those motions set by the court’s local rules and the Federal Rules of Criminal Procedure. If you miss the deadlines, you waive the issue—its gone forever, you can never raise it again, not at trial, not on appeal, never. Your lawyer needs to be on top of these deadlines from day one, needs to be filing motions and preserving issues, because once you waive a suppression issue, its gone forever and you’ve lost potentially your best defense.

And witnesses—witnesses move, witnesses forget, witnesses get scared and decide they don’t want to testify. If there’s someone who can support your defense, your lawyer needs to interview them NOW, get a statement from them NOW, lock down their testimony NOW before they disappear or change there mind or get pressured by the government to stay quiet.

The Bottom Line: You’re Facing 5, 10, 20 Years, Maybe Life—This Is Not a Game

Let me put this in the starkest terms possible, because I need you to understand the stakes here: if your convicted of federal drug trafficking charges in California, your facing a sentence measured in YEARS or DECADES. Five years minimum, ten years minimum, maybe life if the quantities are high enough or if the government alleges your a cartel member or organizer. You will serve 85% of that sentence in a federal prison—not a county jail, not a state prison, a FEDERAL prison where you might be housed hundreds of miles from your family. You will be separated from your family, your kids, your life, everything you know. And once your sentenced, there’s almost no way to undo it—federal appeals are hard to win (most fail), and post-conviction relief is even harder (your talking about a tiny percentage of cases).

So the time to act is RIGHT NOW—not after your arraigned, not after you’ve had a chance to think about it or talk to your family or see what happens, not after you’ve tried to handle it yourself. Right now, this minute, today. Because every hour you wait is an hour the government is building their case, interviewing witnesses, analyzing evidence, preparing the indictment. Every day you wait is a day evidence is disappearing—surveillance footage being erased, witnesses forgetting details, records being deleted. And every week you wait is a week your losing the opportunity to negotiate a cooperation deal (which requires you to come in early, before the government has built there full case) or get out on bail (which is much easier to argue at the initial appearance than later).

You need a lawyer who has handled federal drug trafficking cases in California—and I don’t mean someone who’s done a few federal cases, I mean someone who does this regularly, someone who knows the prosecutors in your district (Southern, Central, Northern, or Eastern), who knows the judges and there sentencing tendencies, who understands the mandatory minimums and the sentencing guidelines and how to argue for departures and variances, who has negotiated cooperation deals and 5K1.1 motions and safety valve applications, who has fought suppression motions and taken cases to trial and won. You need someone who’s handled border cases, port cases, highway cases, cartel conspiracy cases—someone who’s seen every kind of federal drug prosecution and knows how to fight them, knows what works and what doesn’t.

This is not a DUI where you might get probation and a fine. This is not a state court misdemeanor where you can do community service and move on with your life. This is a federal felony that will define the rest of your life, that will determine whether you see your kids grow up or whether you spend there childhood in a prison cell. You need the best defense you can get, and you need it right now—today, this minute, before you say another word to anyone except your lawyer, before you make any decisions, before you do anything else. Call us, tell us what happened, and let us start fighting for you immediately, because the fight has already started whether your ready or not, the government is already moving forward with there case, and they are not waiting for you to catch up, there not giving you time to think—they want you confused and scared and alone so you’ll make mistakes. Don’t give them that advantage. Get a lawyer now.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now