NATIONALLY RECOGNIZED FEDERAL LAWYERS
Last Updated on: 8th August 2023, 12:35 am
Drug Conspiracy Charges, Laws and Statute of Limitations
Drug conspiracies are considered complex cases owing to the high involvement of the citizenries who, at first, may seem innocent. Ideally, the charges are placed on two parties that may have failed to uphold narcotic laws. Consequently, the prosecution bears the most substantial burden since they have to prove that either two or more suspects were involved in the distribution of narcotic substances. Additionally, the prosecution has to prove that the accused party was fully aware of the interaction with the narcotic based merchandise and corresponding consequences for distributing the narcotics but still chose to take part in the prohibited business.
Notably, circumstantial evidence can provide the foundation for arguing against drug conspiracy charges. As a result, any conduct by a participant is classified as evidence in the charges. Furthermore, perpetrators can be charged on both counts of drug trafficking and drug conspiracy. On the other hand, it is easier to prove conspiracy and trafficking following the involvement of more than one person.
Besides, anyone who knows plans related to the trafficking of narcotic drugs can be vindicated despite not being directly involved in the action. While exploring charges against trafficking of narcotics, the prosecution does not need to prove the existence of the narcotic drugs; otherwise, the intent to distribute serves as the evidence.
Drug Conspiracy Laws
All the United States have well-formulated and implemented laws that govern drug conspiracy charges. Nonetheless, 21 USC Section 846 lays the foundation for determining whether a crime if federal. The classification of the cases as either federal or state exclusively depends on the type of drug in question, its amount, and whether the suspects crossed any geographical jurisdictions.
Drug Conspiracy Crimes and Charges
As stated above, charges are ordinarily dependent on the state. For example, a state such as Illinois, drug conspiracy charges is considered a Class X felony. Hence, if you are guilty of the charges, you will be liable for six to thirty years of imprisonment besides paying a fine of 500 000 (U.S) dollars.
Punishments for Drug Conspiracy
Drug conspiracy punishments vary with the type of substance in question, the amount of the drug, the conspiracy elements, and the state the arrest and charges are being made. However, if the allegations are classified as a felony, the guilty party may face a sentence period of approximately ten to whole life imprisonment. Notably, such charges are laid for charges such as possession of 1000 kilograms of Cannabis Sativa, possession of more than 50 kilograms of methamphetamine, and having more than 1000 grams of heroin. Moreover, you are a felony victim if you are found possessing am estimate of five kilograms of cocaine and ten grams of the LSD.
On the other hand, if the victim is found guilty of a federal charge of drug conspiracy, punishments such as property seizure may be imposed. The properties seized are those that were acquired through fraudulent means after selling or trafficking narcotics. Additionally, huge fines are customarily imposed on such federal drug conspiracy charges.
Furthermore, the constitution lays the guidelines for sentencing drug conspiracy charges. The sentencing guidelines usually are enacted depending on the type of drug, and the corresponding amount found.
Drug Conspiracy Statute of Limitation
Different states have a different statute of limitations; nonetheless, the 21 USC Section 846 depicts drug conspiracy as a federal crime; thus, the statute declares a five-year term. Despite counting on the last time the accused took part in the drug conspiracy, it is usually challenging to determine the real-time.
Drug Conspiracy Elements
While looking at the drug conspiracy charges, the defense lawyers assess different elements such as the quantity and the type of drug involved. Consequently, they formulate the timeline by which the events may have occurred to establish when and what happened. Moreover, they will try to establish the originality of the drug to prove that the defendant was not involved. Despite the drug conspiracy being easy to prove, the prosecution is needed to prove beyond any reasonable doubt to push the defense to concentrate on raising the doubt.
Drug conspiracy charges are considered complex due to the vulnerability of many citizens to drugs. However, the charges are laid depending on the amount, type of the narcotic involved, and the state in which the charges are being made. The declaration of a charge as a federal solely depends on the jurisdiction of the events, type, and quantity of the drug involved—charges of a guilty drug conspiracy case range from ten to a whole lifetime in prison.