Blog
NJ Federal Drug Manufacturing Lawyer
Contents
- 1 Federal Drug Manufacturing Charges in New Jersey
- 1.1 Federal Drug Manufacturing and Trafficking Laws
- 1.2 Defenses Against Federal Drug Manufacturing Charges
- 1.3 Penalties for Federal Drug Manufacturing and Trafficking
- 1.4 What to Expect If Facing Charges
- 1.5 Finding an Experienced Federal Drug Manufacturing Lawyer
- 1.6 Fighting the Charges
- 1.7 Avoiding the Worst Penalties
- 1.8 Consequences of a Conviction
- 1.9 Getting Your Life Back
- 1.10 References
Federal Drug Manufacturing Charges in New Jersey
Being charged with manufacturing or trafficking illegal drugs at the federal level is extremely serious. Federal drug crimes carry harsh mandatory minimum sentences, even for first time offenders. If you are facing allegations of manufacturing meth, cocaine, ecstasy, or other controlled substances in New Jersey, having an experienced federal criminal defense attorney is critical.
This article provides an overview of federal drug manufacturing and trafficking laws, potential defenses, sentencing exposure, and how a skilled lawyer can help fight the charges. The stakes are high, so building an aggressive legal strategy is essential.
Federal Drug Manufacturing and Trafficking Laws
It is illegal under federal law to manufacture, distribute, or dispense controlled substances such as methamphetamine, cocaine, heroin, MDMA, and other illegal drugs. Key statutes include:
- 21 U.S.C. § 841 – Drug trafficking, manufacturing, and distribution
- 21 U.S.C. § 846 – Drug trafficking conspiracies
- 21 U.S.C. §. The greater the amount, the more severe the sentencing. Trafficking charges often allege interstate or international drug distribution operations.[1]
Defenses Against Federal Drug Manufacturing Charges
There are defenses that may get federal drug manufacturing or trafficking charges dismissed or reduced. Some examples include:
- Illegal Search – Evidence can be suppressed if obtained through an unconstitutional search.
- No Possession – You can argue the drugs were not actually in your possession.
- No Intent to Distribute – The prosecution must prove you intended to manufacture or distribute the drugs.
- Entrapment – You were illegally induced to commit the crime.
- Misidentification – You were wrongfully accused and not involved.
An experienced federal criminal defense lawyer can evaluate potential defenses based on the specifics of your case. Having skilled legal counsel in your corner can make all the difference.[2]
Penalties for Federal Drug Manufacturing and Trafficking
Below is an overview of potential penalties for federal drug manufacturing and trafficking convictions:
- Jail Time – Years or decades in federal prison depending on the charges and drug amounts involved. Mandatory minimum sentences apply.
- Fines – Up to millions of dollars in fines are possible.
- Supervised Release – Federal probation lasting multiple years after incarceration.
- Asset Forfeiture – Seizure of property and proceeds connected to the criminal activity.
Federal sentencing guidelines take into account the defendant’s criminal history and other aggravating factors. Mandatory minimum sentences limit judicial discretion.[3]
What to Expect If Facing Charges
Being charged federally with drug manufacturing or trafficking is scary. Here is a basic overview of what to expect:
- Arrest by federal agents such as DEA, FBI, or Homeland Security Investigations.
- Appearance before a federal magistrate judge for an initial hearing.
- Hiring of a federal criminal defense lawyer to start building your case.
- Filing of an indictment by the U.S. Attorney’s Office.
- Your formal arraignment where charges are read and a plea entered.
- Extensive pretrial litigation including motions and discovery.
- Plea negotiations between your lawyer and the federal prosecutor.
- Trial if no acceptable plea agreement reached.
Exercise your right to remain silent from the moment of arrest and only speak through your attorney. Be calm and compliant during the arrest, but do not answer any substantive questions.[4]
Finding an Experienced Federal Drug Manufacturing Lawyer
Your choice of lawyer is absolutely critical for federal drug manufacturing and trafficking charges. Key credentials to look for include:
- Experience handling complex federal drug cases
- In-depth knowledge of federal drug laws and sentencing guidelines
- Familiarity with the federal court system and federal prosecutors
- Ability to aggressively negotiate with the U.S. Attorney’s Office
- Willingness to zealously defend you through trial
- Resources for federal pretrial litigation and discovery
Be sure to understand the lawyer’s fees and get a signed agreement. Look for someone who instills confidence they will fight aggressively on your behalf.[5]
Fighting the Charges
Once retained, your lawyer will start developing defenses and building your case. Efforts may include:
- Filing motions to suppress illegally obtained evidence
- Contesting allegations you possessed or distributed the drugs
- Disputing the prosecution’s weight calculations used to determine penalties
- Attacking procedural mistakes by investigators
- Negotiating for reduced charges or a favorable plea agreement
- Identifying weaknesses in the government’s case
If no acceptable plea deal offered, your attorney must be ready to vigorously defend you through a federal trial.[6]
Avoiding the Worst Penalties
While the penalties for federal drug trafficking and manufacturing convictions are severe, a skilled attorney can often negotiate alternatives such as:
- Plea Bargain – Plead guilty in exchange for reduced charges and lighter sentencing.
- Cooperation Agreement – Provide substantial assistance to prosecutors investigating others.
- Pre-Trial Diversion – Charges dismissed after completing supervision program.
Though requiring admission of guilt, these options may allow you to avoid extremely lengthy incarceration. Your lawyer will advise if any make sense compared to the potential penalties.[1]
Consequences of a Conviction
If convicted of federal drug trafficking or manufacturing, consequences will last for years after any time served, including:
- A permanent federal criminal record
- Barriers to future employment and professional licensing
- Potential loss of federal student aid and housing assistance
- Years or decades under federal probation or parole supervision
- Large fines and court costs
- Possible deportation for non-citizens
A felony conviction also results in the loss of voting rights, firearm rights, and other civil liberties. These severe collateral consequences demonstrate the importance of building an aggressive case.[1]
Getting Your Life Back
Although scary at first, federal drug charges can be overcome with experienced legal guidance. Many cases end up dismissed, reduced, or with reasonable plea deals that avoid extremely lengthy prison time. But it starts with hiring knowledgeable counsel immediately after an arrest.
By following your lawyer’s advice precisely, sticking to all conditions of your pretrial release, and avoiding further legal issues, you can move past this challenge. While devastating initially, your life is not over. An experienced federal drug defense lawyer can help you get it back on track.
References
- Federal Marijuana Charge Lawyer – New Jersey Criminal Defense Attorneys
- Federal Marijuana Law V. New Jersey Marijuana Law – New Jersey Criminal Defense Attorneys
- New Jersey Marijuana Lawyer | Free Consultation 973-239-8000 – Breslow Law Offices
- New Jersey Marijuana Attorney | NJ Marijuana Lawyers – Villani & DeLuca
- New Jersey Marijuana Charges Lawyer – Criminal Defense Attorney NJ
- Cannabis Law – Archer & Greiner, P.C.