Criminal Defense Lawyers

Pleading Down Federal Drug Charges: Is it Possible?

Pleading Down Federal Drug Charges: Is it Possible?

Getting charged with a federal drug crime can be an incredibly scary and overwhelming experience. The potential penalties are often severe, and the complexities of the federal criminal justice system can make it feel like the odds are stacked against you. However, there are often ways to reduce your charges and penalties, even in serious federal drug cases. One potential option is pleading down your charges to something less serious. But is this actually possible when facing federal drug charges? Let’s take a closer look.

The short answer is yes – it is often possible to plead down federal drug charges to lesser offenses. This is done through a process called plea bargaining, where your defense attorney negotiates with the prosecutor to reduce the charges in exchange for pleading guilty. Some of the ways charges may potentially be pleaded down in federal drug cases include:

• Pleading to a less serious drug charge (e.g. pleading down from distribution to simple possession)
• Pleading to a non-drug charge like money laundering or conspiracy
• Pleading guilty to only one count of a multi-count indictment

However, pleading down charges is never guaranteed. Federal prosecutors tend to take drug crimes very seriously and will often push hard for lengthy sentences. Some factors that can help in negotiating down charges include:

• Limited criminal history
• Minimal role in the offense
• Willingness to cooperate with authorities
• Potential legal or evidentiary issues with the prosecution’s case

It’s also important to understand the sentencing implications of pleading down charges. While you may be able to plead to a less serious charge, federal sentencing guidelines and mandatory minimums can still result in stiff penalties. Thoroughly discuss potential sentences with your attorney before accepting any plea deal.

How Federal Drug Sentencing Works

To understand how pleading down charges might work, it helps to first understand federal drug sentencing. The main sources of federal drug sentences are:

• Federal Sentencing Guidelines – These guidelines provide recommended sentencing ranges based on the drug type and quantity and the defendant’s criminal history. Judges aren’t bound by the guidelines but must consider them.
• Mandatory Minimums – These are legally required minimum prison sentences for certain drug offenses. Common examples are 5- and 10-year minimums for drug trafficking. Mandatory minimums significantly limit judges’ sentencing discretion.

These sentencing mechanisms mean the specific drug charges you plead guilty to are very important. Even if you plead down to a lesser offense, you may still face stiff penalties if sentencing guidelines or mandatory minimums apply. This is critical to discuss with your defense attorney.

Common Ways Charges Get Plea Bargained Down

While every case is different, some common ways federal drug charges often get pleaded down include:

Pleading to a Less Serious Drug Charge

One of the most straightforward ways to plead down drug charges is negotiating to plead guilty to a less serious drug offense. For example:

• Pleading down from drug distribution to simple drug possession
• Pleading down from trafficking large drug quantities to smaller amounts
• Pleading down from harder drugs like heroin or cocaine to marijuana

The challenge is that sentencing guidelines and mandatory minimums may still apply even if you plead to a lesser drug charge. But pleading down the charge itself can still potentially help reduce your sentence.

Pleading to a Non-Drug Charge

Another option is pleading guilty to a non-drug charge instead, such as:

• Money laundering
• Conspiracy
• Accessory charges
• Obstruction of justice

This takes the drug charges off the table completely. The advantage here is avoiding any applicable mandatory minimums for drug crimes. The potential sentences for these non-drug charges are usually lower. But again, sentencing guidelines could still recommend stiff penalties depending on your criminal history.

Pleading to Only One Count

Many federal drug indictments charge multiple counts against a defendant. Another way to potentially plead down is negotiating to plead guilty to only one (or a subset) of the counts charged. This avoids consecutive sentences that can result from pleading to all counts.

For example, pleading to just one count of drug distribution rather than three counts charged in an indictment. Or pleading to just the conspiracy count in exchange for dismissal of substantive drug charges. This can significantly limit your overall sentencing exposure.

Does Cooperating with Authorities Help?

Providing “substantial assistance” to authorities is one potential way under federal sentencing rules to earn a reduced sentence. This means cooperating in the investigation and prosecution of other offenders. Potential ways to provide substantial assistance include:

• Confessing and providing detailed information about your own activities
• Wearing a wire or recording conversations with co-conspirators
• Testifying for the prosecution against co-defendants

If you provide substantial assistance, the prosecution can file a motion letting the judge know and recommending a reduced sentence. While there are no guarantees, cooperation is one of the main tools defense attorneys have to negotiate down charges and penalties.

Safety Valve for Low-Level Offenders

The “safety valve” provision under federal law provides another potential option in drug cases. It allows certain low-level, nonviolent drug offenders to receive sentences below applicable mandatory minimums. To qualify, defendants must:

• Have limited criminal history
• Did not use violence or weapons
• Played a minor role in the offense
• Fully cooperated with authorities

If eligible, the safety valve can provide sentencing relief and potentially even lead to reduced charges. But the requirements are strict, and eligibility needs to be discussed with your attorney.

When Is Pleading Down Charges Not Possible?

While pleading down charges is often possible in federal drug cases, there are certain situations where it is very unlikely or impossible:

• Large-scale trafficking – Charges involving very large drug quantities or an organized trafficking operation leave little room for pleading down.
• Leadership roles – Defendants who acted as leaders or organizers of drug operations have little bargaining power to plead down charges.
• Violence/weapons – Use of violence or weapons in connection with drug crimes makes pleading down very difficult.
• Prior felonies – Extensive criminal history, especially prior drug felonies, gives you much less leverage in plea negotiations.

While every case is different and it never hurts to try pleading down charges, don’t get your hopes up too much if your case fits these categories. The prosecution will likely take a very hard line.

Should You Accept a Plea Deal?

If pleading down charges is on the table, you’ll have a very important decision to make on whether to accept the deal. Some key factors to weigh include:

• Likelihood of conviction at trial – Does the plea represent your best chance to avoid maximum penalties?
• Sentencing exposure – Fully understand what sentences you may face under the plea versus going to trial.
• Potential for acquittal – Is the prosecution’s case weak enough you have a chance of beating the charges at trial?
• Collateral consequences – Impact of a felony conviction on things like immigration status, professional licensing, and voting rights.

Never accept a plea deal without thoroughly understanding the sentencing implications and getting experienced legal advice specific to your case.

Strategies for Pleading Down Charges

If you do want to pursue pleading down federal drug charges, some strategies your defense attorney may use include:

• Highlight evidentiary weaknesses – Many drug cases depend heavily on informants/cooperators and your attorney may aggressively contest their credibility.
• Raise procedural issues – Challenge issues like illegal searches, improper interrogations, lack of Miranda warnings, etc.
• Present mitigating factors – Raise personal circumstances like minimal criminal history, drug addiction, health conditions, etc. that warrant mercy.
• Offer cooperation – Make clear to the prosecution you are willing to cooperate fully in exchange for pleading down charges.

An experienced federal drug crimes attorney will know how to effectively negotiate with prosecutors to get you the best possible plea deal.

The Bottom Line

Pleading down federal drug charges is very possible and commonly done through plea agreements. But nothing is guaranteed, and you need to fully understand the likely sentencing outcomes before accepting any deal. With an experienced defense lawyer negotiating aggressively on your behalf, pleading to reduced charges can potentially help mitigate the otherwise extremely harsh penalties these federal drug cases carry.