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Defending Against Multi-State Drug Trafficking Conspiracy Charges
Defending Against Multi-State Drug Trafficking Conspiracy Charges
Being charged with a multi-state drug trafficking conspiracy can seem incredibly scary and overwhelming. But their are defenses and arguments a skilled attorney can make to fight the charges or at least reduce the penalties. This article will discuss common strategies and defenses used when facing a multi-state conspiracy case.
What is a Multi-State Drug Trafficking Conspiracy?
A multi-state drug trafficking conspiracy charge means their is an allegation that you worked with others across state lines to traffic illegal drugs. This includes buying, selling, transporting, distributing, ect. Conspiracy charges don’t require you to actually handle the drugs, just that you made an agreement with someone else to break the law.
These cases are usually brought by federal agencies like the DEA or FBI since they involve interstate travel and commerce. The penalties tend to be very high since it shows larger scale criminal activity.
For example, you could be charged if you connected a buyer in one state with a seller in another state. Or if you helped plan logistics of moving drugs across borders. There doesn’t need to be an explicit agreement made, just circumstancial evidence that you knew you were part of illegal activity.
Common Defenses Against Conspiracy Charges
While conspiracy cases can seem intimdating at first, their are viable defenses an experience lawyer can use to fight the charges:
You Didn’t Actually Agree or Know About the Conspiracy: One of the main aspects of a conspiracy charge is proving you intentionally joined in the illegal planning and activity. If you can show this wasn’t true, it defeats the charge.
For example, perhaps you unknowingly rented a storage unit that someone else used for storing drugs. Or you gave someone a ride across state lines but didn’t realize they were transporting drugs. While ignorance isn’t always the best defense, it shows you didn’t “agree” to participate.
You Withdrew From the Conspiracy: In conspiracy law, their is something called “withdrawl” meaning you initially agreed but then backed out before the conspiracy was completed. By showing you withdrew, you may be able to avoid liability.
This often comes up when people get arrested and decide to cooperate with police against the other co-conspirators. Or if you provide info to authorities allowing them to stop the criminal activity. It shows you tried to prevent yourself and others from following through with the illegal plans.
You Were Entrapped: A common technique police use is sending undercover agents or informants to try and convince people to join a fake conspiracy, This is called entrapment and its illegal.
If the conspiracy wouldn’t exist except for the government implanting the idea and pressuring you, it can defeat the charge. This applies more if you resisted at first but the police kept pushing you. It shows you wouldn’t have agreed to trafficking if not for their persuasion.
Lack of Evidence & Witness Credibility: Conspiracy cases often depend heavily on testimony from informants or co-defendants. If these witness’s have credibility issues or contradictions in their stories, it can raise doubts.
Pointing out gaps in the evidence and questioning why police didn’t find certain proof can also highlight weaknesses. For example if they claim large scale trafficking but only seized small amounts of drugs. It suggests maybe you weren’t deeply invovled.
Using Legal Precedents and Laws
In addition to general defenses, an attorney can also research case law and statutes to form arguments. Here are some examples:
State vs Federal Jurisdiction: Their may be issues over whether the state or federal government have proper legal jurisdiction. The layers involved, interstate commerce, amounts trafficked ect all impact this. An attorney can argue the charges were brought in the wrong venue.
Sentencing Manipulation: If police stretched out an investigation to increase the drug amounts just to trigger higher penalties, it can show abuse of power. This applies more if you played a minor role but they kept the conspiracy going longer just to build the case against leaders.
Outrageous Government Conduct: Similar to entrapment, some courts have dismissed charges if they find police conduct during the investigation was too outrageous even if not outright entrapment. This includes excessive coercion, threats, violence or deprivation of rights.
As you can see their are many avenues to explore fighting these complex cases. Don’t hesitate to contact an attorney experienced in federal conspiracy laws right away if you find yourself charged. The earlier you start building a defense, the better.
Steps For Finding a Qualified Lawyer
So where do you start finding legal help? Here are some tips:
- Ask friends and family for referalls to criminal lawyers with federal experience.
- Search state Bar Association directories and look for member attorneys with relevant backgrounds.
- Reach out to National Association of Criminal Defense Lawyers (NACDL).
- Look for former prosecutors and public defenders.
- Find someone experienced but also shows passion for defending clients.
Once you identify possible options, reach out and see if you feel comfortable with their experience and approach. Consider logistics like locations, availability, ect.
Many lawyers offer free consultations as well so take advantage to ask questions and understand how they would handle your defense. Having confidence in your legal counsel goes a long way in these difficult situations.
What Penalties Are Common If Convicted?
It’s understandable to worry about potential penalties if your defense fails. Some common punishments include:
- 10+ years or life in federal prison
- Massive fines up to millions of dollars
- Forfeiture of assets and property
- Supervised release for years after prison
- Loss of voting rights, government aid ect
However, experienced lawyers are often successful using arguments like above to get charges reduced or even dismissed. This can mean greatly reduced jail time if not avoiding prison altogether. That’s why mounting an aggressive defense is so important.
Even if some charges stick, highlighting factors like being a first time offender, having addiction issues, or playing a minor role can help lower sentencing. So their are still options to reduce harm even facing a conviction.
Start Building Your Defense Now
The key is being proactive early after an arrest, don’t wait! Reach out for legal help right away so your attorney can start investigating the case, examining evidence and finding weaknesses. This gives time to build arguments and negotiate with prosecutors from a position of strength.
Waiting until right before trial limits options and reduces leverage even if innocent. So act fast if you find yourself charged with a drug trafficking conspiracy. Consult with a lawyer and let them handle developing your defense strategy. It offers the best chance to defeat the allegations or mitigate penalties if convicted.
You can get through this! Now is the time to stand up for yourself.