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Will I Go to Federal Prison for Drug Trafficking?

March 21, 2024 Uncategorized

Will I Go to Federal Prison for Drug Trafficking?

If you’ve been charged with a federal drug trafficking crime, you’re probably wondering if you’ll end up in prison. The short answer is — maybe. Drug trafficking charges are serious, but going to prison isn’t guaranteed. Here’s what you need to know:

How Drug Trafficking Charges Work

Federal drug laws, like the Controlled Substances Act, make it illegal to manufacture, distribute, or possess illegal drugs like cocaine, heroin, methamphetamine, and marijuana. Trafficking is when you possess a large quantity of drugs or intend to distribute them. So if you’re caught with a personal use amount, you likely won’t face trafficking charges. But if you have a distribution quantity, you could be looking at:

Trafficking charges also carry hefty fines up to $10 million. And if someone dies or is seriously injured because of the drugs you trafficked, you can face 20 years to life in prison.

What Determines My Sentence?

Federal sentencing guidelines look at the type and quantity of drugs, your criminal history, if you accept responsibility, and other factors. This determines your offense level and sentencing range. But the judge has discretion to go above or below the guidelines.

Mandatory minimum sentences based on drug type and weight also limit judicial discretion. For example, trafficking over 5 kilograms of cocaine has a 10-year mandatory minimum. The judge can’t sentence below that, even if the guidelines recommend less.

Will I Actually Go to Prison?

Just because the guidelines or mandatory minimums say you could get 10+ years doesn’t mean you will. Here are some ways you could avoid prison:

  • Plea bargain – Plead guilty in exchange for lesser charges or a sentencing recommendation.
  • Substantial assistance – Help prosecutors build cases against other offenders for a reduced sentence.
  • Safety valve – If you have a minor criminal history and meet other criteria, the judge can sentence below mandatory minimums.
  • Variance/departure – Judges can give a different sentence if they find the guidelines inappropriate.

But there are no guarantees. Some factors make prison more likely:

  • Prior felonies
  • Possession of a gun
  • Trafficking hard drugs like heroin or meth
  • High drug quantity
  • Leadership role in a trafficking organization

So while prison is possible, sometimes probation or house arrest is appropriate depending on the facts. An experienced attorney can argue for the lowest sentence under the law.

How Can I Reduce My Sentence?

Here are some steps to take if you’re facing drug trafficking charges:

  1. Hire a federal criminal defense lawyer to negotiate on your behalf.
  2. Follow your lawyer’s advice about whether to plead guilty or go to trial.
  3. Provide any information you have about suppliers, distributors, or other people involved.
  4. Accept responsibility for your actions and express remorse.
  5. Highlight positive factors like employment, education, and family ties.
  6. Participate in drug treatment and get letters of support from counselors.
  7. Agree to strict pretrial supervision if released on bond.

Taking these proactive steps shows you’re committed to turning your life around. It could persuade the judge to go below the guidelines and mandatory minimums.

What’s It Like Serving Time in Federal Prison?

If you do end up with a prison sentence, here’s what to expect:

  • Harsher rules and less programming than state prisons
  • Inmate classification based on history and offense
  • Housing in high, medium, or low security facilities
  • Cell blocks, dorms, or two-person cells
  • Strict schedules for meals, sleeping, work, etc.
  • Jobs or vocational training required
  • Opportunities for education, counseling, recreation
  • Visitation and communication with family

It’s not easy doing time in federal prison. But staying positive, following the rules, and preparing for release can help you get through it.

What Happens When I Get Out of Prison?

The good news is federal drug trafficking sentences aren’t usually life without parole. With good behavior, you may serve 85% of your term. When release day comes, here’s what to expect:

  • Supervised release – Like parole, with restrictions and regular check-ins
  • Employment assistance – Help finding a job
  • Substance abuse treatment – Required if needed
  • Halfway house – Transitional housing before full release
  • Challenges getting work and housing – Due to criminal record

Following release conditions and taking advantage of programs can help you successfully rejoin society after federal prison. Support from family makes a big difference too.

Talk to a Lawyer to Understand Your Options

Every federal drug trafficking case is unique, so it’s impossible to predict your exact outcome. But an experienced criminal defense attorney can evaluate your charges, explain possible sentences, and start developing a defense strategy. Don’t wait to get advice about your options. The sooner you have an advocate in your corner, the better.

Drug trafficking is a grave charge with potentially severe penalties. But there are often ways to mitigate sentences and even avoid prison in appropriate cases. So let a lawyer give you an honest assessment and fight for the best possible resolution of your case.

Sources:

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