Defending International Cocaine Trafficking Charges in Federal Court

Defending International Cocaine Trafficking Charges in Federal Court

Being charged with international cocaine trafficking in federal court is extremely serious. Trafficking large quantities of drugs across international borders is a felony offense that can lead to decades in prison. However, experienced criminal defense attorneys know how to build a strong defense against these allegations. There are specific legal strategies and arguments that can get charges reduced or even dismissed.

How Federal Cocaine Trafficking Charges Work

Most international cocaine trafficking cases are prosecuted in federal court. This is because they involve bringing drugs across international borders and multiple jurisdictions. Federal law treats cocaine trafficking very harshly. Even a first offense with no criminal history can lead to a minimum 10 year prison sentence. The penalties get much worse if large quantities are involved. For example, trafficking over 5 kilograms of cocaine has a 10 year mandatory minimum. Between 500 grams and 5 kilos brings a 5 year mandatory minimum. The government also seeks long sentences through “sentencing enhancements.” These can add years or decades to a sentence for things like:

• Being a leader/organizer of a drug trafficking organization
• Using violence or weapons
• Trafficking while on probation or parole
• Previous felony drug convictions

With the stakes so high, building an aggressive legal defense is crucial. The good news is that federal drug cases also have vulnerabilities that skilled lawyers can exploit. The government often overreaches and makes mistakes. There are also key legal rules that protect defendants’ rights.

Fighting the Evidence in Cocaine Trafficking Cases

A big part of defending federal cocaine charges is challenging the government’s evidence and witnesses. Even if the allegations seem strong at first, the evidence may have major holes. For example:

• The police may have conducted an illegal search that violated the 4th Amendment. If drugs or other key evidence was obtained illegally, a good lawyer can get it thrown out.
• Statements made by the defendant may be able to be suppressed if there was no Miranda warning given.
• Eyewitness testimony is notoriously unreliable. Witnesses can be discredited on cross-examination.
• Informants who cooperate with the government often have major credibility issues that the defense can expose.
• Surveillance such as wiretaps may have mistakes or gaps that create reasonable doubt.
• The chain of custody for drug evidence may be flawed, creating doubt about what was really seized.

Skilled federal criminal defense attorneys know how to analyze the prosecution’s case for weaknesses and attack them methodically. Getting key evidence thrown out can sometimes lead to charges being dismissed completely. At a minimum, it forces the government to make a much weaker case for conviction.

Using Legal Technicalities as a Defense

The complex rules of federal law also create opportunities to get charges reduced or dismissed based on technicalities. For example:

• Violations of the defendant’s 6th Amendment right to a speedy trial – if too much time elapsed before charges were filed, the case can potentially be dismissed.
• Improper or flawed indictment – we scrutinize the original charges for any technical errors.
• Missing an element of the offense – if the government’s evidence doesn’t prove all elements beyond reasonable doubt, we can argue for an acquittal.
• Entrapment – if undercover agents improperly induced the defendant to commit a crime, it’s entrapment.
• Improper venue – charges must be brought in the correct jurisdiction, we challenge venue.

While judges are generally hesitant to throw out charges for technicalities, it does happen. The more issues that the defense raises, the better the odds of success. Even if charges aren’t dismissed completely, highlighting legal flaws can give leverage for getting charges reduced in plea negotiations.

Negotiating Pleas in Cocaine Trafficking Cases

Once the evidence and legal technicalities have been fought aggressively, the next phase is negotiating with the prosecution. Over 90% of federal cases end in plea bargains rather than trials. The leverage created by the defense during motion practice is crucial for getting charges dropped or reduced.

There are several effective strategies for plea bargaining cocaine charges down to something manageable:

• Plead guilty to a lesser included offense – possession instead of trafficking, or smaller quantities.
• Cooperate with the government in exchange for a 5K1.1 departure – information about suppliers etc.
• Argue for the mandatory minimums not to apply using the “safety valve” provision.
• Negotiate sentence reductions through substantial assistance motions.
• Craft sentencing memorandums arguing for downward departures and variances.

The key is knowing which options apply to your situation and advocating for the best deal possible. Even pleading out international cocaine trafficking charges can potentially lead to months in custody rather than years or decades.

Bottom Line – Don’t Go It Alone

Defending complex federal drug trafficking charges requires expertise. Too often, people try to save money by using a court-appointed lawyer or a public defender. This can be a critical mistake. Appointed counsel frequently lack the time and resources to mount an aggressive defense. They may encourage pleading out early rather than fighting the charges.

To beat an international cocaine trafficking case, you need an experienced federal criminal defense firm on your side. Look for a team with a proven track record of getting charges dismissed and reduced in drug cases. Their relationships with prosecutors and knowledge of the system can make all the difference.

With liberty and your whole future at stake, now is not the time to cut corners on legal fees. A strong defense may cost money up front, but it pays for itself many times over in the final outcome. Don’t leave your fate to chance – fight back hard against federal cocaine allegations.

Key Sources

• DOJ on Mandatory Minimums for Drug Offenses
• Federal Sentencing Guidelines for Drug Trafficking
• Overview of Plea Bargaining in Criminal Cases
• Using the Entrapment Defense