Criminal Defense Lawyers

The Challenges of Beating a Drug Conspiracy Charge

The Challenges of Beating a Drug Conspiracy Charge

Getting charged with a federal drug conspiracy can be really scary. Unlike other drug charges, conspiracy charges don’t require you to actually possess or sell drugs. All the government needs to prove is that you made an agreement with someone else to break the law. This makes conspiracy cases really hard to beat. Here are some of the main challenges of fighting a conspiracy charge and tips for how to improve your chances of getting acquitted.

Broad Interpretation of Evidence

One of the biggest challenges is that prosecutors have a really broad interpretation of what counts as evidence of a conspiracy. For example, let’s say the government was wiretapping your phone calls. If they hear you talking about getting “tortillas” with a friend, they might claim that was code for buying cocaine. It doesn’t matter if you were literally talking about going to get tortillas to eat – the prosecution can argue it was drug code talk.^[1]

Unfortunately, almost anything you say can be twisted to sound like you’re talking about drugs. Because conspiracy charges depend so much on circumstantial evidence, it’s really easy for the prosecution to interpret innocent conversations as proof of a drug agreement. This makes it hard to fight the charges when your own words are being used against you.

No Hard Evidence Needed

Another big challenge with conspiracy charges is that the government doesn’t need any hard evidence to get a conviction. Unlike drug distribution or trafficking charges, prosecutors don’t have to catch you with actual drugs or prove you were selling them. For a conspiracy charge, all they need is evidence you made an agreement with someone to break the law.^[2]

This agreement doesn’t even have to be explicit – it can be totally unspoken. If the government has wiretaps or witness testimony suggesting you had a “tacit agreement” with another person to distribute drugs, that could be enough to convict you of conspiracy. So even if there are no drugs, no money, no tangible evidence at all, you can still be found guilty based on conversations alone.

Long Statute of Limitations

Another challenge with federal drug conspiracy charges is the statute of limitations – how long the government has to prosecute you after the alleged crime. For most federal drug crimes, the statute of limitations is 5 years. But for drug conspiracy under 21 U.S.C. 846, the government has a whole extra 5 years to bring charges against you.^[3]

That means they can prosecute you for a drug conspiracy up to 10 years after the crime allegedly happened. This long window gives the government way more time to build a case against you. By the time you’re indicted, years may have passed, memories faded, witnesses disappeared. This makes it incredibly hard to defend yourself.

Harsh Mandatory Minimum Sentences

Finally, one of the scariest things about federal drug conspiracy charges is the mandatory minimum sentences. Even for low-level conspiracies involving small amounts of drugs, you can face 5, 10, even 20 year mandatory minimums in federal prison.^[4]

These harsh mandatory sentences give the prosecution huge leverage in plea negotiations. Many defendants end up pleading guilty just to avoid the risk of getting a decade or more in prison if they go to trial and lose.

Fighting Back Against Conspiracy Charges

So those are some of the biggest obstacles to beating a federal drug conspiracy charge. The broad rules of evidence, lack of hard proof needed, long statute of limitations, and mandatory minimum sentences all stack the deck against defendants. But the good news is there are still ways you can fight back. Here are some tips:

• Hire an experienced federal drug crimes attorney who understands the conspiracy laws inside and out.
• Try to suppress any evidence that was obtained illegally, like through an improper wiretap or search.
• Argue there was no real agreement between you and the alleged co-conspirators – just speculative interpretations.
• Claim you were entrapped by government informants who pushed you into a fake conspiracy.
• Provide an alternative innocent explanation for any seeming “code talk” in phone calls or messages.
• Develop a timeline showing you weren’t involved at key points of the alleged conspiracy.
• Consider using an expert witness to argue the prosecution is misinterpreting the evidence.

While beating a federal drug conspiracy charge is very difficult, it’s not impossible. An experienced federal criminal defense lawyer can analyze the prosecution’s case for weaknesses and build the strongest defense possible. They may be able to get charges dismissed pre-trial, win a motion to suppress evidence, or secure an acquittal at trial.

If you or a loved one have been charged with conspiracy to distribute drugs, don’t go it alone. Consult with a lawyer right away about fighting back and avoiding harsh mandatory minimum sentences. With an effective legal strategy, it may be possible to beat the charges or at least negotiate a better plea deal. Don’t wait to get expert help challenging these complex federal accusations.

References

[1] Federal Conspiracy Charges | Common Scenarios – David Benowitz

[2] Federal Drug Conspiracy Charges & Statute of Limitations – Seth Kretzer

[3] Drug Conspiracy Sentencing and Social Injustice – Colorado Law Scholarly Commons

[4] Drug Conspiracy Charges, Laws and Statute of Limitations – Federal Criminal Lawyers