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How Federal Drug Charges Impact Non-Citizens in Colorado
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- 1 How Federal Drug Charges Impact Non-Citizens in Colorado
How Federal Drug Charges Impact Non-Citizens in Colorado
Hey there! Dealing with criminal charges can be really… stressful and confusing. I wanted to write this article to help explain federal drug laws in Colorado, and what non-citizens need to know if they’re facing charges. I’m not a lawyer, but I did a bunch of research and tried to break it down in a simple way.
What is a federal drug conspiracy charge?
A federal drug conspiracy charge is when you are accused of working with others to commit a federal drug crime, like trafficking or distribution. You don’t have to actually sell drugs yourself to be charged – just being part of the planning or logistics can make you part of the “conspiracy.”
Here are some examples of recent federal drug conspiracy cases in Colorado:
- 24 people were indicted in Denver for allegedly trafficking heroin, fentanyl, and methamphetamine.
- A Colorado Springs woman was convicted for distributing fentanyl resulting in death.
The key thing to understand about conspiracy charges is you don’t have to actually commit the crime to be found guilty. Just planning or helping plan illegal activity can get you charged.
What are the penalties for federal drug conspiracy charges?
The penalties really depend on the details of the case – the type and amount of drugs, your role in the conspiracy, and other factors. But in general:
- Federal drug trafficking charges carry mandatory minimum sentences of at least 5-10 years in prison.
- You can face life in prison if the drug conspiracy resulted in death or serious injury.
- Large-scale conspiracies involving huge quantities of drugs can result in decades in prison.
The bottom line is these charges are taken very seriously, and you’re looking at serious prison time if convicted.
How do federal drug charges impact non-citizens?
For non-citizens, federal drug charges can have devastating consequences beyond just prison time. It can affect your immigration status and ability to remain in the U.S.
Deportation
Almost any drug-related felony can trigger deportation proceedings. It doesn’t matter if you’ve lived in the U.S. for decades or have U.S. citizen family – you can still be deported. Some key things to know:
- Drug trafficking is considered an “aggravated felony” and almost always leads to deportation.
- Simple drug possession charges can also trigger deportation if you don’t have lawful status.
- Legal permanent residents can lose their green cards if convicted of any drug offense (except a single possession of 30g or less of marijuana).
There are some defenses against deportation, but the immigration laws are extremely harsh when it comes to drug offenses.
Inadmissibility
A federal drug conviction can also make you “inadmissible,” meaning you are banned from returning to the U.S. if you leave. Some key points:
- Any drug trafficking conviction leads to a permanent bar on returning.
- Simple possession convictions trigger a bar, but only if it’s your second offense.
- There are waivers available, but they are difficult to obtain.
Bottom line – a federal drug conviction makes it extremely hard to keep or obtain lawful immigration status. Talk to an immigration attorney before pleading guilty.
Federal benefits
A federal drug conviction can also impact your ability to obtain certain public benefits, such as:
- Federal student loans
- Food stamps
- Federal housing assistance
These restrictions apply to all federal drug convictions, including misdemeanors. The loss of eligibility periods range from 1 year to permanent.
What defenses are available?
The most common defenses to federal drug conspiracy charges include:
- You didn’t actually agree to participate – Just being present around illegal activity isn’t enough. The government has to prove you intentionally joined the conspiracy.
- You withdrew from the conspiracy – If you initially agreed but then backed out before any crime was committed, you may not be liable.
- Entrapment – This argues you were improperly induced or coerced into committing a crime you otherwise wouldn’t have.
- Lack of evidence – Many drug conspiracies involve informants. Their credibility can be challenged.
An experienced federal drug crimes lawyer can evaluate the details of your case and decide the best defense strategy. Don’t hesitate to consult with a lawyer.
What about marijuana charges in Colorado?
I wanted to specifically discuss marijuana, since it’s legal in Colorado. But it’s still illegal federally.
The federal government can technically prosecute marijuana possession, even if the activity is legal under Colorado law. But in recent years, the Department of Justice has not been prosecuting most “simple possession” marijuana cases.
However, federal law is still a concern when it comes to non-citizens. As discussed above, any federal drug conviction can trigger immigration consequences like deportation. So while federal prosecution is unlikely, just being charged under state marijuana laws can still impact immigration status. Non-citizens need to be very careful with marijuana, even in Colorado.
The bottom line is marijuana remains illegal at the federal level. And federal law controls immigration policy. So there is still substantial risk for non-citizens around marijuana use.
What should you do if charged?
Here are some tips if you or a loved one is facing federal drug charges:
- Don’t say anything to investigators without a lawyer present. Assert your right to remain silent.
- Hire an experienced federal drug crimes attorney, ideally one based in Colorado.
- If you are a non-citizen, make sure your criminal defense attorney understands the immigration consequences and works with an immigration lawyer.
- Consider alternatives to pleading guilty, like deferred prosecutions, that avoid a formal conviction.
- Get help for addiction if needed. Judges may be more lenient if you get treatment.
I know facing federal criminal charges is terrifying, especially for non-citizens. But a skilled attorney can help negotiate the best possible outcome. Don’t lose hope!