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Drug conspiracy is an agreement that is made between two or more people to commit a drug crime. It is considered a federal drug conspiracy when two people agree to break federal drug laws. It can be difficult to convict someone of a drug conspiracy because there has to be sufficient evidence.
The government has to be able to prove that you and another person agreed to violate a drug law. They also have to be able to prove that the agreement was unlawful.
| Element | What Government Must Prove |
|---|---|
| Agreement | You and another person agreed to violate a drug law |
| Unlawful Nature | The agreement was unlawful |
| Sufficient Evidence | Can be difficult to convict without sufficient evidence |
| Type | Definition |
|---|---|
| Federal Drug Conspiracy | Two or more people agree to break federal drug laws |
| State Drug Conspiracy | Agreement to violate state drug laws |
Any time that a person produces, processes, extracts or prepares a controlled substance, they can face drug charges. For example, if someone has a marijuana plant, then they can be charged with a drug crime. They can also face drug charges if they are caught pressing pills.
If you deliver a drug to someone, then you can be charged with a drug crime. Even if you did not get any money from the transaction, you can still be punished for it.
You do not have to distribute a substance in order to get a drug crime charge. If the government can prove that you intended to distribute the drug, then you can be charged with a drug crime.
You can be charged with a drug crime if you import a substance from another place. Many people are able to do this by deceiving Border Portal or U.S. Customs.
| Drug Crime Type | What It Involves | Examples |
|---|---|---|
| Manufacturing | Producing, processing, extracting, or preparing controlled substance | Growing marijuana plants, pressing pills |
| Distributing | Delivering a drug to someone | Even without money exchanged, still punishable |
| Intent to Distribute | Intending to distribute drug | Don’t have to actually distribute to be charged |
| Importing | Bringing controlled substance from another place | Deceiving Border Portal or U.S. Customs |
| Conspiracy | Agreement between two or more people to commit drug crime | Even discussing crime over phone can result in charges |
Federal law allows prosecutors to press charges against people who conspire to commit a drug crime. It does not matter whether one actually committed the crime. This means that if you say that you are going to commit a crime over the phone, then you can be charged with a drug crime.
It is also important to note that drug trafficking laws are different from drug conspiracy laws. The law will allow people who traffic drugs to get the same punishment as those who conspire to commit a drug crime.
| Point | What It Means |
|---|---|
| Don’t Need to Commit Crime | It does not matter whether one actually committed the crime |
| Phone Conversations | Discussing crime over phone can result in charges |
| Agreement is Enough | Just agreeing to commit drug crime is sufficient for charges |
| Same Punishment as Trafficking | Drug conspiracy can carry same punishment as drug trafficking |
It is also important to note that drug trafficking laws are different from drug conspiracy laws. The law will allow people who traffic drugs to get the same punishment as those who conspire to commit a drug crime.
| Law Type | What It Covers | Punishment |
|---|---|---|
| Drug Trafficking Laws | Actually trafficking/distributing drugs | Severe penalties including years in prison |
| Drug Conspiracy Laws | Agreeing to commit drug crime | Same punishment as drug trafficking |
Police can use anything that they can to investigate a drug crime. This includes things such as surveillance, undercover detective and confidential informants. They often use financial records to investigate drug crimes and conspiracies.
For example, suspicious bank activity can alert authorities that a crime has occurred. Many people who commit drug crimes attempt to launder money to credit unions and banks.
| Method | How It Works |
|---|---|
| Surveillance | Monitoring suspects’ activities and movements |
| Undercover Detectives | Officers pose as buyers or participants in drug transactions |
| Confidential Informants | People provide inside information about drug operations |
| Financial Records | Tracking suspicious bank activity and money laundering |
| Phone Surveillance | Monitoring phone conversations about drug crimes |
They often use financial records to investigate drug crimes and conspiracies. For example, suspicious bank activity can alert authorities that a crime has occurred. Many people who commit drug crimes attempt to launder money to credit unions and banks.
If you are convicted of any drug crime, then you may have to spend several years in prison. You can also spend several years in prison for any drug crime that you intend to commit. Additionally, you could get your property seized if it was used to commit the drug crime.
Prison is not the only consequence that is associated with committing a drug crime. You may have a harder time getting or keeping a job. You may also lose your driver’s license.
Keep in mind that there are several things that can make the punishments worse. For example, if someone was hurt as the result of controlled substances, then you could face a longer prison sentence. Additionally, if you have prior drug charges, then you may face a harsher punishment.
That is why it is a good idea for you to reach out to a drug attorney if you are facing drug conspiracy charges.
| Penalty Type | Description |
|---|---|
| Prison Time | Several years in prison for drug crimes or intent to commit drug crimes |
| Property Seizure | Property used to commit drug crime can be seized |
| Fines | Significant financial penalties |
| Criminal Record | Permanent record that affects future opportunities |
Prison is not the only consequence that is associated with committing a drug crime. You may have a harder time getting or keeping a job. You may also lose your driver’s license.
| Collateral Consequence | Impact on Your Life |
|---|---|
| Employment Difficulties | Harder time getting or keeping a job |
| Driver’s License | May lose your driver’s license |
| Housing | Difficulty renting apartments or homes |
| Professional Licenses | Loss of professional certifications |
| Educational Opportunities | Limited access to financial aid and programs |
Keep in mind that there are several things that can make the punishments worse. For example, if someone was hurt as the result of controlled substances, then you could face a longer prison sentence. Additionally, if you have prior drug charges, then you may face a harsher punishment.
| Aggravating Factor | How It Increases Punishment |
|---|---|
| Someone Hurt | If someone hurt as result of controlled substances, longer prison sentence |
| Prior Drug Charges | Previous convictions result in harsher punishment |
| Large Quantities | Greater amounts of drugs increase severity |
| Involvement of Minors | Distributing to or involving children significantly increases penalties |
| Near Schools or Parks | Drug crimes in protected zones carry enhanced sentences |
| Use of Weapons | Firearms or weapons during drug crime add significant time |
A drug conspiracy case can be very complex. You do not want to try to fight these charges on your own. A good attorney will be able to aggressively defend you. They will be able to use a variety of defenses that can help you get your charges dropped. If you are convicted of the crime, then you may still be able to get a lighter sentence.
It is important for you to remember that time is of the essence. The prosecutors will want to punish you as quickly as they can. Your attorney will be able to start investigating your case as soon as you hire them. They will also make sure that your rights are protected and defended.
| Service | How It Helps You |
|---|---|
| Aggressive Defense | Attorney will aggressively defend you against charges |
| Use Variety of Defenses | Multiple defense strategies to help get charges dropped |
| Negotiate Lighter Sentence | If convicted, may still get lighter sentence |
| Im |
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NJ CRIMINAL DEFENSE ATTORNEYS