Last Updated on: 28th July 2023, 07:23 pm

Federal and Federal Drug Trafficking Lawyers

Drug trafficking is one of the most serious criminal acts prosecuted by the federal government. Federal statutes are generally more strict than state statues and are directed at much larger amounts of drugs. Government investigators and prosecutors are aggressive when it comes to filing drug trafficking charges, even for drugs like marijuana that may not be considered so harmful socially. For state and local law enforcement agencies, the priority concern is attempting to keep crime off of the streets because many times drug activity and other criminal behavior are connected. For the federal officials it is similar, but the associated crimes get more violent because of the amounts of money involved and the potential for animosity among dueling gangs and drug trafficking operations. This condition probably has more truth in urban areas of the United States, but both federal and state agencies are keen to the situation. Many drug traffickers actually prefer the stealth of rural areas for transporting or storing their assets, but the profit potential for the major players is usually in the cities. Regardless of whether a defendant is being charged by state or federal officials, or even both in some instances, it is always vital to have an experienced and thorough Federal Drug Trafficking Lawyers representing your case for an equitable settlement of a charge when it involves a large supply of drugs of any type, including marijuana.

Dismissal of Trafficking Charges

The state of New York is known for having some of the strictest drug laws in the United States. These laws are also complex and provide various different classes of felonies. When it comes to trafficking an illegal substance, there are five different categories of felonies. In order to obtain a conviction, the prosecution must prove possession as well as knowledge of a controlled substance with intent to sell, including drug paraphernalia i.e. glass bongs, glass pipes. Should someone in New York make an offer or agreement for the purchase of an illegal substance, it may be considered enough evidence to prove intent and ability to traffic drugs. In some situations, it is possible to have such charges dismissed.

Illegal Search and Seizure
In order for a person to be convicted of a drug trafficking charge, their rights to due process, including lawful search and seizure, must be respected. This should happen even before an arrest takes place. A person in possession of an illegal drug in plain view can have it seized as evidence. If illegal drugs are discovered in a car’s trunk after it’s forced open without a proper legal authority, they cannot be used as evidence. It does not matter the amount of illegal drugs located there. If it can be proven a person’s Fourth Amendment rights were violated, there is a good chance the charges could be dismissed.

Missing Drugs
It is essential for a prosecutor to produce the actual drugs a defendant is charged with trafficking. It is possible for seized drugs to be transferred between many different people before they are placed in an evidence locker, including being hidden in items, such as waist trainers. It’s possible the drugs will no longer exist for many reasons. When a prosecutor is unable to produce the actual drugs obtained during an arrest; a judge will have to dismiss the case.

Vacate Judgement
A judgment against a person convicted of drug trafficking can be vacated if the court did not have jurisdiction for the action. It can also happen if the judgment was obtained through misrepresentation or fraud from a prosecutor. This can be the case if evidence provided during the trial prior was false and it was known by the prosecutor. It’s also possible for the judgment against a defendant to be vacated when it is proven they were suffering from mental disease or defect. This will happen if it is determined the defendant could not understand or participate in the legal proceedings.

Lack of Ownership
It is common for people charged with drug trafficking to claim they didn’t own the drugs and were unaware they were in their living space. A prosecutor may be asked to provide solid evidence a person charged with the crime did have possession and control of the illegal drugs. If a connection can’t be proven between the illegal drugs and a person who allegedly had knowledge as well as control of them; the case could be dismissed.

Entrapment
Law enforcement officials often set up sting operations that involve arresting individuals trafficking illegal drugs. A person may be the victim of entrapment if a member of law enforcement convinces them to commit a crime that in any other circumstance they would not have committed. Should an undercover law enforcement officer place significant pressure on a suspect to sell an illegal drug to a third party: it could be considered entrapment. It is also the case if the state provides the illegal drugs for the commission of the crime. Entrapment is sufficient grounds to dismiss drug trafficking charges.

Drugs Are Planted
This is always a challenge to prove in a court of law. A law enforcement officer’s sworn testimony is highly valued. It’s also important to know that fellow officers are very reluctant to identify one of their own as having done something illegal. A person’s lawyer can file a motion with a judge requesting a law enforcement department release their complaint file of the lead officer for the case. If a judge grants this motion, an attorney will be able to find the names and contacts for information concerning their client’s case. An attorney is then able to interview these people or hire a private investigator to interview them.

Should a person be charged with drug trafficking, it important they listen to their attorney. These legal professionals will know what defense will work best in a person’s individual situation. Some legal defenses will challenge the facts of the case, evidence or even testimony. Others will involve improper procedural errors as well as seizure violations and more.

What is a Drug Trafficking Charge?

With so many drug related crimes floating around out there, it is important to be able to distinguish between them all. The exact charge greatly impacts the level of prosecution and the severity of the penalty were the charged to actually be convicted. One of the more serious of these charges is related to drug trafficking, so that is what we will focus on here.

Drug Trafficking Explained
Another term commonly used for drug trafficking is drug distribution. It specifically relates to an individual that is found to be selling, transporting, or illegally importing any controlled substance that is against the law. This includes cocaine, heroin, marijuana, methamphetamines, and a variety of other illegal drugs. The part of drug trafficking that makes it a more difficult concept under to understand lies in the fact that punishments can vary widely. If a person is found guilty, the penalty depends on a number of different factors. This includes the actual classification of drug that is involved, the amount, where it is to be distributed, and whether or not children were the target of the drugs. Actual sentences usually involve jail time and can range from a low of three years to a maximum of life.

Classification of Drug Trafficking
When a person is accused of drug trafficking, it is a felony offense. This makes it a much more serious crime than the charge of drug possession alone. It is important to note that being in possession of drugs could result in a charge of drug trafficking if, in the opinion of law enforcement officials, you intended to actually sell them. This will usually occur if the individual being charged had an abnormally large amount of drugs on them at the time of arrest.
It is also important to make mention of the fact that drug trafficking also applies to anyone who is found to be illegally distributing illegal prescription drugs. This can include pain killers and sleeping pills, among others. Today, the illegal trafficking of prescription drugs also involves products Mae from hydrocodone and various types of pharmaceutical opiates.

Controlled Substances and their Application to Drug Trafficking
If a state (or the federal government) classifies a particular substance as being controlled, it means that its distribution is governed by a series of laws. This means that any person selling it must have a license to do so, and they must adhere to a series of policies and regulations that relate to its regulated nature. These controlled substances are typically classified based on a level, or scheduled, system. The higher the schedule, the more severe the drug trafficking charge will be. As an example, marijuana is classified as a Schedule 1 controlled substance, while cocaine is Schedule II.

Drug Trafficking Charges at the State and Federal Levels
There are various state and federal laws that come into factor when examining a drug trafficking charge. Depending on which law enforcement agency is involved, a variety of charges can actually be leveled against the same individual in two different jurisdiction. The federal government has its own set of drug trafficking laws. At the same time, each individual state in the Union has their own guidelines as well. Most of the state laws mirror those that are on the federal books. As such, there are certain minimum sentences that will be handed out to those convicted of drug trafficking, no matter which type of court the individual is charged in. Because of the ambiguity in some of the sentencing guidelines, however, it is found that much frustration enters when a small time drug trafficker is given a harsher sentence that that handed down to a violent criminal.

Drug trafficking is a serious charge. It is not to be taken lightly and is something that requires a professional and experience lawyer to be on the side of the accused. With the sentences being much harsher than that reserved from other types of drug related crimes, prosecutors also tend to pursue them more vigorously. A charge of drug possession can quickly be changed to one of drug trafficking, so be careful of that as well. If you find yourself charged with any drug related crime, contact a lawyer right away.

Protecting Your Future: Why You Need a Knowledgeable Federal Drug Crimes Defense Attorney

Don’t Risk Long-Term Jail Sentences: Seek Competent Legal Counsel

Drug crimes can have severe consequences, especially when they are prosecuted under federal law. Judges must follow mandatory sentencing laws, which could result in long jail time for felony drug convictions. When facing a possible federal drug offense, it is crucial to immediately seek out competent and experienced federal drug crimes defense lawyers. At Spodek Law Group, we specialize in high-stakes criminal defense cases, and our attorney Todd Spodek has decades of combined experience in getting clients favorable outcomes in similar cases.

Research Your Lawyer Beforehand to Protect Your Future Freedom and Quality of Life

If you have a prior conviction for a serious drug crime, you are at an even higher risk of incurring severe and long prison sentences if charged again with a similar high-stakes drug case later. You must properly research any law firm you are considering to handle your challenging case. At Spodek Law Group, we understand that your future freedom and quality of life are at grave risk if your defense is not strong enough this time around.

Time Is of the Essence: Choose a Law Firm That Will Begin Working on Your Case Right Away

While the prosecution is proceeding quickly, those long delays in your defense could spell major trouble. Time cannot be regained once prosecutors have already entered evidence of your crimes into the legal proceedings. At Spodek Law Group, our attorneys are ready to begin working on your defense strategy right away, without any delay.

Choose Your Lawyer Carefully, Especially If You’re a Doctor or Pharmacist

Doctors, nurses, pharmacists, and other healthcare professionals who can prescribe, fill, or dispense prescription medications are at risk of being accused of serious drug crimes. A conviction could result in not only serious penalties, including jail time, but also the loss of the healthcare provider’s license, taking away their livelihood. Always ensure that your lawyer has experience in litigating these types of drug crimes before retaining them as your defense team.

Types of Federal Drug Crimes and Other Criminal Offenses to Be Aware Of

Federal drug crimes are not treated equally in a courtroom. At Spodek Law Group, we understand the various federal drug crimes that an individual could be charged with and can provide the necessary background and courtroom litigation experience to mount a formidable defense on your behalf.

Examples of federal drug crimes include conspiracy to manufacture, import, divert or distribute controlled substances, drug trafficking, drug importation, drug manufacturing, possession of drugs with an intent to deliver, prescription drug diversion, Medicaid or Medicare drug fraud involving prescription drugs, and having or using a weapon during the actual commission of the charged drug crime.

The individual charged with a federal drug crime could also face a number of other criminal offenses, including money laundering, tax evasion, and conspiracy.

Protect Your Future by Contacting Spodek Law Group Today

Anyone being investigated or charged with federal drug crimes should immediately contact Spodek Law Group. Don’t risk your future freedom and quality of life by trying to handle your case alone. Our team of competent and experienced federal drug crimes defense lawyers, led by attorney Todd Spodek, is ready to defend you with the necessary background and courtroom litigation experience to mount a formidable defense on your behalf.