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Defending Against Charges of Using Mail to Distribute Illegal Drugs

March 21, 2024 Uncategorized

Defending Against Charges of Using Mail to Distribute Illegal Drugs

Getting accused of mailing illegal drugs can be scary. I know folks feel anxious and overwhelmed when facing drug charges. But stay hopeful – there are defenses and options. Let’s break this down together.

The Law

First, understand it’s illegal under federal law to use mail or private carriers like UPS/FedEx to send controlled substances without proper authorization [1]. Mailing prescription meds is only legal for authorized entities like drug companies or pharmacies [4]. Otherwise, it’s considered drug trafficking and you may face charges like:

  • Possession with intent to distribute
  • Transporting controlled substances
  • Selling/furnishing drugs

Penalties depend on the drug type and weight, but can include years in prison [2]. Yikes!

Building a Defense

Being accused doesn’t make you guilty though. There are viable defenses to fight the charges. An experienced criminal defense lawyer can help identify the best defense strategy.

Lack of Evidence

Prosecutors need solid incriminating evidence to get a conviction. Weak or circumstantial evidence makes their case harder to prove [2]. Look closely at what evidence they have against you – does it directly prove you put drugs in the mail? Any cracks in the evidence could raise reasonable doubt.

No Knowledge

For recipients, claiming you didn’t know the package had illegal contents may help. Especially if someone else addressed it to you. Plausible deniability makes prosecution tougher [2].

Unauthorized Search

If evidence was obtained illegally by postal inspectors opening packages without a warrant, an attorney could get it thrown out. This weakens the prosecution’s case [6].

Medical Necessity

For medical marijuana, a medical necessity defense may apply. If you can show the drugs were for treating a serious health condition, charges could potentially get dropped or reduced.

Entrapment

If you were manipulated or coerced into committing the crime by an undercover officer, entrapment could invalidate the charges.

Getting Legal Help

Don’t go it alone. Consult an experienced criminal defense attorney asap if charged with mailing drugs. They can evaluate your case specifics and build the strongest defense. An attorney may also negotiate plea deals or sentencing alternatives to minimize penalties [1].

With the right legal strategy, there are many ways to fight mail drug charges. Don’t lose hope. The law has protections, and good lawyers know how to defend your rights.

References

  1. Distributing Drugs By Mail is a Federal Crime
  2. Caught Sending or Receiving Drugs Through Mail
  3. Mailing Drugs Can Result in Criminal Charges
  4. Mailing Drug Packages: Drug Trafficking
  5. Defending Against Charges of Using Mail to Distribute Firearms
  6. Lawyers for Crimes for Mailing Drugs or Firearms through USPS in Florida

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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