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Federal Drug Trafficking Defense Attorney
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Understanding Drug Crimes: Differences and Penalties
Drug offenses are categorized into three main categories: drug trafficking, drug possession, and possession of drug paraphernalia. Although these terms may be used interchangeably, they have distinctions in their charges and penalties. When it comes to drug trafficking, it is a federal crime that results in severe felony charges with hefty penalties. As such, if you are facing such a case, it’s crucial to seek immediate legal representation from a professional attorney.
Drug Trafficking vs Drug Possession
Both crimes involve illegal possession of controlled substances; however, there is a distinct difference between them. Drug possession explicitly entails the possession of drugs by merely carrying them on your person or some other means. On the other hand, drug trafficking involves more than merely possessing the substance but rather includes sale and distribution or moving or importing large quantities of drugs.
The Controlled Substances Act
Various states have unique drug laws such as marijuana use that is allowed in several states at the state level while remaining legalized nationally under federal law. The Controlled Substances Act was passed by the federal government to classify drugs based on their addictive properties, health risks, and medical purposes. Schedule I has no medical use while being highly addictive while Schedule III is moderately addictive but still has medical uses.
Drug Trafficking Penalties
It’s important to note that penalties will differ depending on several circumstances surrounding the accused crime. The classification of the drug can also influence sentencing together with its quantity during transport or importation. Distribution targeted towards minors could result in even worse penalties upon conviction. Similarly, if bodily injury occurred or if firearms were involved when delivering illicit substances, greater punishment is warranted.
- Penalties usually involve years behind bars ranging from three years upwards of life imprisonment along with major fines, probation periods which can limit freedom significantly for extended periods thereafter.
- Given the severity of these felonies attached to drug charges, the black mark that stays on the accused record could complicate any future undertakings.
Defense Strategies for Drug Trafficking
It’s important to note that every case under drug trafficking can be unique in its own way, which requires various defense strategies. There exist mainly three primary defense strategies used by experienced drug crime attorneys. One of these is by using a claim of entrapment, meaning the defendant believes authorities may have set them up, but this strategy only works in very rare circumstances.
- Another defense strategy that can be used is through denying possessing illicit substances found in cars or premises without full knowledge thereof by mistake. The prosecutor then must bear the burden of proof and show your ownership beyond a reasonable doubt.
- Lastly, attorneys frequently use the defense strategy of illegal search and seizure when law enforcement has stepped out of bounds during searching without a warrant or outside granted boundaries. This violation of privacy rights allows dismissal of charges ensuing from said breach.
Seek Professional Legal Representation for Successful Results
Navigating an intense drug trafficking trial can be exhausting and overwhelming for most people. Finding a reliable attorney specialized in drugs-related cases will help ease the process and achieve satisfactory results. A drug trafficking attorney will be with you from questioning sessions, appeals to hearing requirements represented by a professional who understands the intricacies of each unique case scenario and outlines loopholes under which they will succeed on your behalf, providing relief and peace-of-mind at the end of cases. Therefore, if you’re facing such serious allegations, do not hesitate to contact our offices today. Requesting a consultation could mean achieving the minimum sentence possible based on circumstances at hand as soon as possible!
For more information, please visit:
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- National Drug Intelligence Center (NDIC)
- Office of National Drug Control Policy (ONDCP)
Understanding Federal Drug Charges: An Overview
Most drug charges are complicated but quite serious allegations. Federal drug charges could prove even more complex and result in potentially stiffer punishments for those convicted.
Our firm invites those facing federal drug charges to continue reading on for an overview of this in-depth and often challenging legal process.
Definition Of Illicit Substances
When many people think of illegal drugs, substances such as heroin, cocaine, marijuana, and amphetamines come to mind. However, individuals could face federal drug offenses while in possession, using, or conducting other actions with numerous other products.
For example, various pharmaceutical substances could precipitate serious problems. Individuals caught with drugs like painkillers and no accompanying prescription may be subject to arrest and prosecution.
State Versus Federal Drug Charges
In many cases, drug offenses are levied by local law enforcement authorities. In such cases, said cases are tried by state prosecutors. However, certain offenses are overseen by federal authorities.
Commonly, this occurs when the government possesses evidence against individuals partaking in a multi-state drug trafficking operation. Trafficking is the transportation of illegal substances.
That said, federal drug charges might be handed out for other actions such as:
- Possession
- Conspiracy
- Distribution
- Manufacturing
Oftentimes, the decision to levy federal charges against a suspected drug offender will depend on the amount of the illicit material they possessed, intended to distribute, were caught attempting to transport, or had manufactured.
That said, other factors might weigh into one receiving state or federal charges. For example, individuals caught performing some type of drug offense on federal property will likely lead to federal charges.
In other instances, alleged drug offenders might be reported to federal authorities by informants. Said subjects often also face criminal drug offenses and become informants as a means of earning less stiffer punishments.
Proving Federal Drug Charges
The process of proving various federal drug charges depends upon the specific crime the suspect is thought to have committed.
Possession is, arguably, the easiest act to prove. Prosecutors must confirm the specific substance is indeed illicit.
Acts like distribution, manufacturing, and trafficking could prove a bit more complicated. This is because prosecuting attorneys also must demonstrate a clear intent.
Potential Defenses
Federal drug crimes typically carry steep penalties. Therefore, hiring an experienced federal criminal defense lawyer who has handled many drug cases is critical. Fortunately, said legal minds mind might be able to formulate any one of the following defensive stands:
- Unreliable Informants
- Improper Arrest Procedures
- Inadequate Evidence Processing
- Frame Jobs
- Unlawful Search And Seizure
Possible Penalties
Federal drug charges usually carry hefty minimum incarceration periods and other stiff fines. The sentences courts dole out often hinge on several factors such as the specific crime, the type of drug involved, the amount of said substance, if other illicit acts were also committed, and the convicted subject’s prior criminal history.
Additionally, federal drug convictions could also precipitate personal issues like the loss of professional licenses, inclusion on one’s permanent record, in addition to limited employment and housing opportunities.
Contacting Us
Those charged with a federal drug offense are firmly urged to consult with an experienced federal criminal defense attorney immediately. Our skilled team has handled many such cases and embraces the challenge of helping clients deal with and potentially overcome such trying circumstances.
List of Federal Drug Charges
Drug charges constitute narcotics-related acts that are considered illegal by the federal government. Federal drug crimes involve federal prosecution at a federal court. Drug charges differ for various states, while some charges are considered criminal at the federal level.
Dictation for a federal drug charge may vary from a state drug charge. Those arrested for drug offenses violate federal drug laws and will be under federal prosecution if:
- They are caught manufacturing and selling drugs
- They are captured through an informant’s help
- Federal officers catch them
- They are found on federal property such as national monuments
Drugs are classified into schedules based on the drug’s potential for abuse and causing addiction. These schedules also classify various controlled substances based on if the drugs are accepted for medical use.
The federal government has strategies to combat the manufacturing, distribution and usage of drugs. Various laws have been implemented to control these substances and punish those caught breaking them.
Possession
Possession is the most common drug charge. It involves knowingly and deliberately possessing an illegal drug without a valid prescription. One may possess a controlled substance with the intent to use or sell.
It includes constructive possession which does not require one to have a sufficient amount of drugs on them. Conversely, it focuses on whether a person has access and control to a place where drugs were found.
Possession not only means having drugs but also possessing paraphernalia associated with drug use. This paraphernalia includes syringes, rolling papers and bongs.
Drug Manufacturing
Drug manufacturing charges refer to the making of illegal drugs and other controlled substances. It also includes the growing or production of natural elements needed to process and make the drugs.
For example, possession of marijuana or coca plants with intent to grow may count as a drug manufacturing charge. Possession or production of chemical substances for manufacturing illegal substances also counts for drug manufacturing charges.
The delivery of natural or chemical elements to manufacture drugs is also illegal. However, the possession of marijuana seeds may differ in various states due to legalization of use.
Drug Trafficking
Drug trafficking is the illegal importation, transportation and selling of illegal controlled substances. Distribution charges account for delivery or provision of controlled substances.
Trafficking and distribution is a severe felony since it involves transportation of a significant amount of drugs. One may be charged with trafficking or distribution based on the amount of drugs seized.
Drug trafficking may be through an established black market network or individuals working alone. Drug trafficking includes drug lords that have a high ranking in a system involved in the drug trade. Drug lords are not directly involved in possession and distribution, making it hard to apprehend them.
Organized Crime involving Drugs
This felony involves running criminal enterprises meant to engage in drug manufacturing and trafficking. It includes money laundering charges to clean money from drug proceeds. The charges also tackle gangs or criminal groups involved in controlled substances.
Organized crime oversees the system of production and distribution of drugs through crime groups. Thus, the crimes result from the structure of the drug system or hierarchy. Organized crime includes violent crimes or actions related to drug manufacturing and distribution.
Violence may be inflicted on drug users or other dealers in turf wars. It includes drug cartels which are criminal organizations that manage and operate drug trafficking.
Organized crime may be in the form of managed agreements between traffickers. It may also be in the form of commercial enterprises that oversee drug operations and launder drug money.
Drug Possession with Intent to Distribute
Drug possession with intent to distribute is also referred to as drug dealing. It involves possessing illegal controlled substances and selling at a smaller scale. Drug trafficking and dealing may be charged differently under federal law.
The punishment for drug dealing is not as severe as trafficking since it involves possession in small amounts. There are different sentences for possession of various amounts of a particular controlled substance. The charges may also differ for multiple states, especially with the legalization of substances like marijuana.
Federal and State Drug Charges
Drug charges constitute narcotics-related acts that are considered illegal by the federal government. Federal drug crimes involve federal prosecution at a federal court. Drug charges differ for various states, while some charges are considered criminal at the federal level.
Distinction between Federal and State Drug Charges
Dictation for a federal drug charge may vary from a state drug charge. Those arrested for drug offenses violate federal drug laws and will be under federal prosecution if:
- They are caught manufacturing and selling drugs
- They are captured through an informant’s help
- Federal officers catch them
- They are found on federal property such as national monuments
Drugs are classified into schedules based on the drug’s potential for abuse and causing addiction. These schedules also classify various controlled substances based on if the drugs are accepted for medical use.
The federal government has strategies to combat the manufacturing, distribution and usage of drugs. Various laws have been implemented to control these substances and punish those caught breaking them.
Types of Federal Drug Charges
There are various offenses that will account for federal drug charges. Here are some types of federal drug charges you ought to know.
Possession
Possession is the most common drug charge. It involves knowingly and deliberately possessing an illegal drug without a valid prescription. One may possess a controlled substance with the intent to use or sell.
It includes constructive possession which does not require one to have a sufficient amount of drugs on them. Conversely, it focuses on whether a person has access and control to a place where drugs were found.
Possession not only means having drugs but also possessing paraphernalia associated with drug use. This paraphernalia includes syringes, rolling papers and bongs.
Drug Manufacturing
Drug manufacturing charges refer to the making of illegal drugs and other controlled substances. It also includes the growing or production of natural elements needed to process and make the drugs.
For example, possession of marijuana or coca plants with intent to grow may count as a drug manufacturing charge. Possession or production of chemical substances for manufacturing illegal substances also counts for drug manufacturing charges.
The delivery of natural or chemical elements to manufacture drugs is also illegal. However, the possession of marijuana seeds may differ in various states due to legalization of use.
Drug Trafficking
Drug trafficking is the illegal importation, transportation and selling of illegal controlled substances. Distribution charges account for delivery or provision of controlled substances.
Trafficking and distribution is a severe felony since it involves transportation of a significant amount of drugs. One may be charged with trafficking or distribution based on the amount of drugs seized.
Drug trafficking may be through an established black market network or individuals working alone. Drug trafficking includes drug lords that have a high ranking in a system involved in the drug trade. Drug lords are not directly involved in possession and distribution, making it hard to apprehend them.
Organized Crime involving Drugs
This felony involves running criminal enterprises meant to engage in drug manufacturing and trafficking. It includes money laundering charges to clean money from drug proceeds. The charges also tackle gangs or criminal groups involved in controlled substances.
Organized crime oversees the system of production and distribution of drugs through crime groups. Thus, the crimes result from the structure of the drug system or hierarchy. Organized crime includes violent crimes or actions related to drug manufacturing and distribution.
Violence may be inflicted on drug users or other dealers in turf wars. It includes drug cartels which are criminal organizations that manage and operate drug trafficking.
Organized crime may be in the form of managed agreements between traffickers. It may also be in the form of commercial enterprises that oversee drug operations and launder drug money.
Drug Possession with Intent to Distribute
Drug possession with intent to distribute is also referred to as drug dealing. It involves possessing illegal controlled substances and selling at a smaller scale. Drug trafficking and dealing may be charged differently under federal law.
The punishment for drug dealing is not as severe as trafficking since it involves possession in small amounts. There are different sentences for possession of various amounts of a particular controlled substance. The charges may also differ for multiple states, especially with the legalization of substances like marijuana.