Philadelphia Federal Heroin Charges: Trafficking, Distribution and Possession

Philadelphia Federal Heroin Charges: Trafficking, Distribution and Possession

Heroin and other opiate drugs are becoming an increasing problem in Philadelphia and across the country. With overdose deaths on the rise, federal law enforcement is cracking down on heroin trafficking and distribution networks. For those caught possessing, selling, or transporting heroin, the potential federal charges and penalties can be severe. This article provides an overview of federal heroin laws in Philadelphia and what those facing charges can expect.

Federal vs State Drug Charges

An important distinction to make is that federal charges for drug crimes like heroin possession or trafficking often carry more severe penalties than similar state charges. Federal drug laws tend to be more blanket in nature, capturing a wider range of activities under criminal statutes with mandatory minimum sentences.

For example, federal law sets mandatory minimum prison sentences for drug trafficking convictions:

• 5 years for possession with intent to distribute over 100 grams of heroin
• 10 years for over 1 kilogram

Similar state charges may have no mandatory minimum or lower sentencing guidelines. So federal prosecution can mean substantially more potential prison time.

Trafficking & Distribution Charges

Federal heroin trafficking and distribution charges refer to crimes involving the large-scale transportation, importation, buying and reselling of the drug across state or national borders. Even possessing a small amount of heroin with intent to distribute can lead to federal charges under 21 USC 841.

Heroin trafficking crimes carry the most severe penalties under federal law, including potential life sentences. Anyone involved in transporting, storing, handling, or coordinating heroin shipments can face prosecution. Common federal distribution and trafficking charges include:

• Possession with Intent to Distribute – Carrying any quantity of heroin with intent to sell or distribute it to others. Penalties based on drug weight.
• Distribution/Delivery – Actually providing heroin to another person, whether sold, gifted, transported, or mailed.
• Manufacturing – Producing or preparing heroin including mixing, cutting, or packaging it for distribution.
• Importation – Smuggling heroin into the US across national borders.
• Conspiracy – Making plans or agreements with others to commit a heroin trafficking crime. Even if a defendant didn’t handle drugs directly, a conspiracy charge can still apply.

Penalties for these crimes are structured around the weight of the drug involved. The greater the quantity, the more severe the potential sentence up to mandatory life in prison. Anyone facing federal heroin distribution charges should retain legal counsel immediately to try to reduce sentencing exposure.

Heroin Possession Charges

At the federal level, heroin possession charges typically refer to instances where a significant quantity of the drug is found on someone’s person or property during a search, arrest, or traffic stop.

Under 21 USC 844, possession of any amount of heroin is illegal – there is no legal amount someone can possess under federal law. Penalties include:

• Up to 1 year in prison and $1,000+ fine for a first offense
• At least 15 days and up to 2 years for a second drug possession offense
• At least 90 days and up to 3 years for third and subsequent offenses

These potential sentences increase if the possession occurs near a school, college, playground, public housing, or within 1,000 feet of other protected locations. Other factors like prior criminal history can also increase potential penalties.

Many heroin users arrested for simple possession in Philadelphia avoid lengthy prison sentences by entering pretrial diversion programs or pleading to misdemeanor state charges. But federal possession charges should not be taken lightly given the steeper sentencing guidelines.

Defenses Against Federal Heroin Charges

Fighting federal heroin charges often requires disputing the specific elements of the alleged crime itself. Common defenses include:

Lack of Intent – For trafficking and distribution crimes, prosecutors must prove a defendant intended to distribute illegal drugs to others. Evidence casting doubt on intent could weaken the government’s case.

Duress – Defendants coerced or threatened into committing heroin crimes may argue they faced immediate danger if they did not participate. This is an affirmative defense that admits to the crime but disputes intent.

Entrapment – Government informants and undercover agents cannot improperly induce or persuade someone to commit a heroin offense only to arrest them later. This defense argues the crime was orchestrated by police themselves.

Illegal Search – If drugs or other evidence was obtained through an unconstitutional search, it may be excluded from trial. Heroin found in a car, home, or other property could be suppressed if the search violated 4th Amendment protections against unreasonable searches.

Given the intricate federal sentencing laws and sentencing guideline calculations, those facing heroin charges need an experienced defense lawyer to identify every opportunity to reduce penalties and build an effective case.

Conclusion

Heroin laws at both state and federal levels continue to stiffen as the opioid epidemic claims lives across the Philadelphia region. Large-scale trafficking networks funnel huge quantities of the drug into the area from Mexico and overseas. And street-level dealing continues to feed neighborhood addictions.

Within this enforcement environment, federal heroin charges have devastating potential consequences for anyone caught possessing, distributing, or transporting the illegal substance. Mandatory minimum prison sentences along with massive fines apply under federal statutes.

Those accused of federal heroin crimes need expert legal help right away. An accomplished defense lawyer can evaluate the prosecution’s case, identify weaknesses, and formulate an effective strategy. This provides the best chance to avoid lengthy incarceration and get back to living a productive life.