Drug Sale, Distribution & Trafficking Charges

Drug Sale, Distribution & Trafficking Charges: An In-Depth Guide

Dealing with drug charges related to sale, distribution, or trafficking can be an incredibly stressful and confusing situation. These types of charges often carry severe penalties and mandatory minimum sentences, so having an experienced criminal defense attorney on your side is critical. This guide covers key things you need to know if you or a loved one is facing charges for illegally selling, distributing, or trafficking drugs.

Overview of Drug Sale & Distribution Charges

Selling or distributing illegal drugs is considered a serious felony offense. Charges can vary widely depending on:

• The type and quantity of drug involved
• Whether you were caught selling vs just possessing drugs
• If it’s your first offense or you have prior drug convictions
• What state you live in and the specific laws there

Some common drug distribution and trafficking charges include:

• Possession with intent to distribute or deliver
• Distribution/delivery of a controlled substance
• Drug trafficking
• Conspiracy to traffic drugs
• Operating a drug factory
• Transporting drugs into the state

Penalties tend to escalate sharply for larger quantities of drugs. Even small amounts may lead to mandatory minimum prison sentences under certain state laws or federal sentencing guidelines.

Sentencing for Drug Distribution Crimes

Sentences for drug dealing and trafficking crimes depend on the specific charges, criminal history, and state or federal sentencing policies. Potential penalties can include:

• Years or decades in prison: Drug distribution crimes carry lengthy prison sentences – sometimes 10 years or longer per count. Trafficking charges can result in decades behind bars. Mandatory minimums may apply under state or federal law.
• Large fines: Fines ranging from $10,000 to $10 million+ may be imposed on those convicted. The amounts are usually based on the quantity and type of drugs.
• Asset forfeiture: Property connected to drug transactions – cars, cash, bank accounts, real estate, etc. – can be seized and forfeited.
• Probation and parole: Terms of supervised release, drug testing, classes, etc. may be imposed after a prison term. Violations can lead to re-arrest and imprisonment.

Because penalties are so severe, fighting the charges is critical. An experienced drug crimes lawyer may be able to get charges reduced or dismissed, pursue alternative programs, or develop an effective defense strategy for trial.

Common Defenses in Drug Distribution Cases

There are many avenues to explore in developing a strong legal defense, such as:

• Illegal search and seizure: If the arrest involved an unconstitutional search of your property, vehicle, phone, etc., evidence may be suppressed.
• Entrapment: Undercover sting operations sometimes cross legal boundaries into entrapment. This can invalidate charges.
• Incorrect weight measurements: The state must prove the exact weight of drugs meets statutory trafficking thresholds. Errors in measurement calculations or uncertainty over weights can defeat charges.
• Misidentification: Eyewitnesses, informants or co-defendants may be lying or mistaken in identifying who was actually involved.
• Duress: If you can show you were somehow coerced or under duress when committing the offense, it may provide a defense.

An attorney can also scrutinize if proper legal procedures were followed during the investigation, arrest, testing of substances, charging decisions, etc. Any missteps by police or prosecutors might result in evidence being barred or charges reduced/dismissed.

What to Do If You Are Facing Charges

If you have been arrested or charged with illegally distributing or selling drugs, key steps to take immediately include:

1. Remain silent and avoid self-incrimination: Don’t make or sign any statements to police without your lawyer.
2. Hire a criminal defense attorney: An experienced drug crimes lawyer can protect your rights, build a strong defense, and try to get charges reduced or dismissed. Don’t take chances going it alone.
3. Get organized: Gather all paperwork related to your case. Write down detailed notes about what happened during your arrest. Obtain names/contact info for any witnesses.
4. Follow pretrial release conditions closely: If you are out on bail or released pretrial, comply strictly with all conditions like drug testing, curfews, geographic restrictions, etc.
5. Get character references: Ask close friends, employers, clergy etc. to write letters vouching for your good character to help at sentencing if convicted.
6. Seek counseling if needed: Voluntarily pursuing drug or alcohol counseling can also help demonstrate you are taking positive steps.

Finding the Right Drug Crimes Lawyer

As you look for legal representation, key tips include:

• Check credentials: Verify the lawyer is licensed and has handled many drug cases like yours. Ask about trial experience and dismissal rates.
• Understand the fees: Legal fees and retainers can vary widely. Get fee details in writing upfront.
• Meet for a strategy session: Schedule an initial in-depth meeting to discuss the charges, evidence, options, defense angles and next steps.
• Review sample cases: Ask the attorney about similar past cases they’ve handled. Gauge if they have experience mounting viable defenses and negotiating strongly.
• Check resources: Larger law firms may have more money to spend on private investigators, forensic testing and expert witnesses.
• Consider location: Hiring a lawyer familiar with the specific courthouse and prosecutors can be an advantage.

Don’t rush into choosing an attorney. Vet them thoroughly first since this decision can make or break your case.

Fighting Federal Drug Trafficking Charges

The stakes are even higher when facing federal drug trafficking and distribution crimes, which are governed by strict federal sentencing guidelines. Potential federal charges include:

• 21 USC 841 – Drug trafficking/manufacturing controlled substances
• 21 USC 846 – Drug trafficking conspiracy
• 21 USC 848 – Continuing criminal enterprise
• 21 USC 952 – Drug importation
• 21 USC 963 – Drug importation conspiracy

Federal drug cases tend to focus on interstate or international drug operations. But even peripherally assisting a large-scale trafficking organization can result in serious federal charges. It’s critical to have a skilled federal drug crimes lawyer who understands complex issues like:

• Sentencing enhancements: Federal sentences can be enhanced based on the quantity of drugs, weapon possession, leadership roles, etc.
• Mandatory minimums: Harsh mandatory minimum prison sentences may apply under federal law. However, experienced attorneys can sometimes find ways to get around these.
• Plea bargains: Negotiating with federal prosecutors is different than at the state level. The case may be eligible for a diversion program or prosecutors could file a “substantial assistance” motion.
• Appealing a conviction: Reversing convictions on appeal in federal courts involves unique laws and procedures.

If you or someone you know is facing federal drug trafficking charges, don’t delay in contacting an experienced federal drug crimes attorney for help.

Finding Hope and Help

Facing serious drug charges can be absolutely terrifying. The potential penalties may seem completely overwhelming. However, an experienced drug crimes lawyer can carefully analyze your case, identify defenses, negotiate with prosecutors, and develop an effective strategy. While the legal process is frightening, understand that viable options may exist to avoid harsh mandatory minimum sentences. Don’t lose all hope. Take a deep breath and focus your energy on finding the best legal representation possible for your unique situation. An attorney who believes in you and will fight relentlessly in your corner makes all the difference. With an experienced lawyer guiding you, it’s possible to present genuine defenses, earn acquittals at trial, get charges reduced, or pursue alternative programs. You and your family deserve compassionate guidance and counsel during this difficult time. We’re here to help provide exactly that. If you have any other questions or concerns about your drug charges, please reach out for a free case review.

Resources

• How Long Do Drug Cases Take? – Overview of the timeline for drug cases.
• Sentencing Reform Needed for Drug Offenders – Video arguing for sentencing reform.
• Drug Offenders Seeking Clemency – Podcast episode on clemency petitions.
• Families Against Mandatory Minimums – National advocacy group against mandatory sentences.