(Last Updated On: October 19, 2023)Last Updated on: 19th October 2023, 12:18 pm
Nashville Federal Drug Trafficking Defense Lawyers
If you have been charged with a federal drug crime in Nashville, you need an experienced defense lawyer on your side. Drug charges like possession, distribution, trafficking, and conspiracy carry serious penalties that can impact the rest of your life. But the good news is that a knowledgeable drug defense lawyer can help. They know how to examine the prosecution’s case for weaknesses, negotiate with prosecutors, and defend your rights in court. This article provides an overview of federal drug crimes and defenses in Nashville, and how a dedicated lawyer can assist you.
Types of Federal Drug Crimes
Some of the most common federal drug crimes include:
- Possession – When you intentionally or knowingly have an illegal drug on you or on your property.
- Possession with Intent to Distribute – When you have a trafficking amount of drugs and intent to sell them.
- Distribution and Delivery – The act of transferring drugs to another person, whether for money or not.
- Trafficking and Manufacturing – Making, importing, or distributing a large quanitity of illegal drugs.
- Conspiracy – When you collaborate with others to commit a drug offense.
Marijuana, cocaine, methamphetamine, heroin, fentanyl, and prescription drugs like oxycodone are some of the most commonly trafficked narcotics. Under 21 U.S.C. § 841, federal trafficking penalties depend on the type and weight of the drug involved.
Penalties for Drug Trafficking in Nashville
A drug trafficking conviction can lead to severe punishments like:
- Years or decades in federal prison
- Massive fines up to $10 million
- Forfeiture of assets and property
- Loss of federal benfits like financial aid and housing
- Deportation for non-citizens
For instance, trafficking over 90 grams of a Schedule I or II drug like meth can trigger a 10 year mandatory minimum sentence. That jumps to 20 years for 400 grams, and life imprisonment for 1,000 grams. The stakes are extremely high, so building an aggressive legal defense is critical.
Hiring an Experienced Drug Trafficking Lawyer
Federal drug cases are complicated, espeically when large trafficking amounts are alleged. So your best chance at beating the charges or reducing the penalties depends on having an experienced drug trafficking lawyer on your side. Here’s what a good drug defense attorney can do for you:
- Carefully examine the prosecution’s evidence and identify any illegal searches, procedural errors, or constitutional violations.
- Investigate the circumstances of your arrest to uncover police misconduct or entrapment.
- Challenge improper forensic testing or lab reports.
- Raise doubt about whether you actually possessed the drugs.
- Argue you had no knowledge of the drugs if they were hidden or didn’t belong to you.
- Negotiate with the prosecutor to get charges reduced or dismissed.
- Develop alternatives to incarceration like drug court diversion programs.
- Craft a sentencing mitigation strategy highlighting your minimal role, addiction issues, or other extenuating factors.
- Explore immigration conseuences and options if you are a non-citizen.
This requires an intimate understanding of federal drug laws and sentencing guidelines. A local Nashville drug trafficking lawyer knows the prosecutors and judges and how to craft the strongest defense strategy for your specific situation.
Common Drug Trafficking Defenses
Some of the most effective legal defenses against federal drug trafficking charges include:
Illegal Search and Seizure
If police violated your 4th Amendment rights by searching you, your car, or your property without probable cause and a warrant, the evidence can be excluded. This could get the whole case dismissed. For example, in Florida v. Jardines, the U.S. Supreme Court ruled that using a drug-sniffing dog on a homeowner’s porch without a warrant was an illegal search, excluding the marijuana found inside.
Entrapment
If police pressured or coerced you into committing a drug crime you otherwise wouldn’t have, that is entrapment. For example, in U.S. v. Hollingsworth, the U.S. Supreme Court found that government agents had entrapped the defendant by repeatedly inducing him to get morphine.
Improper Forensics
Mistakes and fraud at crime labs have led to many wrongful convictions. If the drug test results or weighing procedures were flawed, a good lawyer can get the evidence thrown out. For example, in U.S. v. Moon, the court excluded the drug evidence after finding issues with the lab’s methodology.
Insufficient Evidence
The prosecution must prove beyond a reasonable doubt you knowingly possessed or trafficked the drugs. But if the drugs were hidden or belonged to someone else, your lawyer can argue there is insufficient evidence you knew about them. In U.S. v. Mendoza, the court acquitted the defendant because the government failed to prove he knew cocaine was hidden in his truck.
Sentencing Mitigation
Even if you plead guilty or are convicted at trial, an experienced attorney can advocate for a below-guidelines sentence. They can present mitigating factors like your minimal role, addiction, lack of criminal history, or other extenuating circumstances. This saved the defendant from a life sentence in U.S. v. Cabrera, where the court imposed a 20 year sentence instead.
Finding the Right Nashville Drug Defense Lawyer for You
Facing federal drug trafficking charges in Nashville can be overwhelming. But an experienced local drug defense lawyer can thoroughly evaluate your case, build an aggressive defense, and advocate for the best possible outcome. Take advantage of a free case consultation to discuss your situation and options. The right lawyer can make all the difference in getting charges reduced or dismissed, avoiding long prison sentences, and preserving your future.
References
21 U.S.C. § 841 – Prohibited acts A
Florida v. Jardines
U.S. v. Hollingsworth
U.S. v. Moon
U.S. v. Mendoza
U.S. v. Cabrera