Controlled Delivery Package Received.

Yes, you can be under investigation for a drug crime when you have accepted a package delivered by the U.S. Postal Service or another carrier, but this does not prove a drug crime has been committed. A “controlled delivery” is a term used by the Department of Homeland Security (DHS), the Department of Justice (DOJ), and other law enforcement agencies when they allow a suspected illegal delivery to continue under their supervision to determine who is responsible for ordering or receiving the contents.

While the seizure of a package alone will not establish that the intended recipient has knowledge of its contents or committed a crime, a seizure notice and a controlled delivery are two very different procedures. If law enforcement agencies seize your package and notify you, you have not been charged with any criminal activity. Law enforcement agents have seized the package based on their understanding of the law and their perception of the case. In this situation, law enforcement agencies will not be monitoring you. However, if the package was instead diverted for the purposes of a controlled delivery, law enforcement agents will be watching you and all of your actions.

Accepting a controlled-delivery package does not, in itself, establish criminal liability. To establish criminal liability, law enforcement will need to have evidence of the recipient’s knowledge or prior involvement. They must be able to prove that you knew what you were receiving. In most cases, this means they need other evidence in addition to your acceptance of the delivery.

Controlled deliveries can have various outcomes. In some cases, agents may conduct a controlled delivery to get immediate proof of a crime and arrest the intended recipient. In other cases, the delivery may trigger an investigation that continues for weeks, months, or years before federal prosecutors are able to establish liability, depending on the circumstances and evidence. At Spodek Law Group, we provide discreet and confidential legal defense representation, and we can assist you if you have any concerns about controlled deliveries.

After USPS Withholds a Package, What Notice and Deadline Control?

The USPS and the law enforcement agencies with which it works under the law are tasked with ensuring the safety of the postal system and protecting the general public. To this end, the USPS may withhold packages from delivery when “Except as provided in subsection (c) of this section, nonmailable matter which reaches the office of delivery, or which may be seized or detained for violation of law, shall be disposed of as the Postal Service shall direct.” If a package is withheld and it is decided that you need to be contacted, the USPS will send you a notice. The recipient or the sender (or both) may be notified that the package has been withheld for delivery. In addition to notifying the recipient or sender, the USPS may also send the package’s listed sender to the local post office, and the post office may then return the package to the sender.

A USPS nonmailability notice can identify the listed sender, listed recipient, reference number, reason for not being delivered, and instructions for how the recipient or sender can act on the USPS’s determination of nonmailability. A USPS nonmailability notice is not a formal notification of any law enforcement investigation. At this point, the USPS is simply notifying the recipient or sender that they are not going to deliver the package and what the recipient or sender needs to do next.

The recipient or the sender generally has a reasonable opportunity to claim the mailpiece or appeal the determination when they receive a USPS nonmailability notice. If you do not claim or retrieve the mailpiece in a timely manner or appeal the determination of nonmailability, the USPS may deem the mail abandoned or unclaimed. This will then likely lead the USPS to proceed with destroying the package or returning it to the sender, as appropriate.

The notice and response process can also include the USPS’s determination of why it decided that the contents of your package are nonmailable. This information may be relevant if you need to seek legal advice from a former- or current- or prospective federal defense attorney. This includes the ability to file a written appeal if it determines your package’s contents are nonmailable.

How Can Prosecutors Prove Knowledge, Possession, Delivery, or Intent Without a Completed Handoff?

Just because a package was addressed to you does not mean that you have knowingly possessed its contents. Most states and the federal government generally require proof of knowledge to establish criminal liability for possession of a controlled substance. Prosecutors must show that you knew the contents of the package contained a controlled substance and that you intended to possess it. While this can be difficult to prove without a physical delivery or confession, law enforcement has several investigative methods they can use to build a case against a suspected recipient or sender.

If law enforcement allows a package to proceed through the postal system as part of a controlled delivery, they can monitor who accepts the package and what happens next. If you take a package and then try to sell its contents, this can support a criminal charge for possession with the intent to deliver. A controlled delivery can also support subsequent applications for search warrants, which may uncover further evidence of criminal activity, such as the contents of the delivered package.

If law enforcement agencies seize a package but do not conduct a controlled delivery, they may still investigate without immediately arresting anyone. The investigation may involve reviewing shipping records, payment methods, communications between the sender and intended recipient, prior shipments, and other clues to determine who ordered the package and what their intent was. If the evidence indicates a crime may have been committed, prosecutors can then use this information to build a case.

For example, Texas Health and Safety Code § 481.002 defines “delivery” as an actual transfer, constructive transfer, or offer to sell a controlled substance, counterfeit substance, or drug paraphernalia, regardless of whether there is an agency relationship. This definition allows prosecutors in Texas to pursue charges for delivery of a controlled substance even before a completed transaction between a sender and intended recipient.

In all jurisdictions, the specific definition of the criminal offense and its elements will be critical to determining if the evidence justifies criminal prosecution. The different statutes that apply at the state and federal levels will shape the prosecution’s approach and the defendant’s defense strategy. Federal defenses rely heavily on knowledge, intent, and the defendant’s role in a suspected criminal operation. Similar issues exist in state jurisdictions, but prosecutors can use different statutes and methods to pursue criminal charges.

Todd Spodek represented the juror at the centre of the challenge to the Ghislaine Maxwell verdict.

When Do Package Facts Create Federal Jurisdiction Rather Than Only a State Case?

Investigations involving suspected drug shipments via the USPS typically involve the U.S. Postal Inspection Service, the DEA, or other federal agencies. For shipments handled by FedEx or UPS, however, state or local law enforcement agencies may be involved initially, and federal law enforcement agencies will enter the investigation later if the case warrants federal prosecution.

When federal prosecutors pursue drug cases, the federal statutes commonly cited are:

• 21 U.S.C. § 841, manufacture, distribution, or possession with intent to manufacture, distribute, or dispense
• 21 U.S.C. § 846, attempt or conspiracy to commit any offense defined in this subchapter,
• 21 U.S.C. § 952, importation of controlled substances, and
• 21 U.S.C. § 960, knowingly or intentionally imports or exports a controlled substance.

The last two provisions apply to packages shipped internationally. Even in a situation where the shipper and intended recipient both live within a single U.S. state, federal drug charges can apply if the package originated in or entered from Mexico, Canada, or another country.

Sentencing also varies between state and federal jurisdictions. Federal drug statutes include mandatory minimum terms based on the type of substance, the quantity found, and the statutory provision used to charge the individual (e.g., whether the individual is being charged with “possession with intent to distribute,” “distribution,” or “trafficking,” and if they are considered the leader or higher-up in an operation). Many of these statutory provisions provide mandatory minimums of five, ten, or twenty-five years of imprisonment; thus, individuals accused of drug crimes involving suspected controlled-delivery packages should take their criminal allegations very seriously.

Why the Consequences of a Federal Drug Conviction Are So Severe

Individuals who receive a controlled-delivery package or are found to have shipped or received controlled substances via the USPS, FedEx, UPS, or other carriers can face a federal drug conviction with multiple consequences. Among these consequences are:

• Severe prison time, including mandatory minimum sentences
• Substantial criminal fines
• Supervised release
• Criminal record for the rest of one’s life

Which Texas Delivery Penalties Depend on the Substance and Mixture Weight?

While sentencing for any criminal offense in Texas is either state-specific or federal in nature, the specific delivery penalties for controlled substances are based on the individual substance and the weight of the substance shipped. As Texas Health and Safety Code §481.002 explains, “delivery” is more than actual physical transfer from one person to another. “Delivery” includes constructive transfer and an offer to sell a controlled substance. Thus, a controlled delivery alone will never determine the type of drug crime for which a defendant in Texas will be charged; however, it is only one of the many factors that will contribute to the ultimate charge.

Texas state law lists statutory penalty group classifications for all controlled substances. Within each penalty group, different amounts of drug shipments will determine the amount of sentencing liability. Generally, these penalty calculations use the aggregate weight of the controlled substance, including adulterants or dilutants, rather than the weight of the pure substance alone. If the controlled substance is sold or shipped as a mixture or in the form of an oil or liquor, the mixture’s weight is what matters for determining sentencing liability.

Under Texas Health and Safety Code § 481.112:

• A less-than-one-gram Penalty Group One substance delivery is a state jail felony.
• A one-to-under-four-gram Penalty Group One substance delivery is a second-degree felony.
• A four-to-under-200-gram Penalty Group One substance delivery is a first-degree felony.
• A Penalty Group One substance delivery of four hundred grams or more is a first-degree felony. In addition to the maximum sentence of life imprisonment, this offense carries a mandatory minimum sentence of 15 years.

Similar calculations apply for other types of controlled substances under Texas law, but in some cases, Texas has different penalty levels for “manufacture or delivery,” “if the person knowingly or intentionally manufactures, delivers, or possesses with intent to manufacture or deliver a controlled substance” and “possession.” As long as you are facing sentencing for any drug delivery, you will want to consult a skilled federal defense attorney to help you avoid unnecessary criminal liability. These calculations can be very complex and can sometimes be used in the prosecution’s favor.

In many cases, if a package is diverted for a controlled delivery, this will trigger an investigation. While this can lead to immediate arrest and prosecution, sometimes the delivery will lead to an investigation with a later arrest; and sometimes it will trigger no arrest at all. If you received a controlled-delivery package, you will want to consult a Houston criminal defense lawyer immediately to determine your next steps.

Calling About Someone You Love

Most first calls to a defense firm come from a family member rather than the person under investigation. If that is you, Spodek Law Group answers its phone at any hour, and families retain the firm on a relative's behalf every week. Reach it at 888 348 8028.