Federal Drug Conspiracy Lawyer
Contents
Federal Drug Conspiracy Laws and Defenses – What You Need to Know
Being charged with a federal drug conspiracy is serious business. Federal drug laws are intentionally broad and carry harsh mandatory minimum sentences, even for low-level participants. But experienced criminal defense attorneys can help fight the charges and avoid lengthy prison terms.
What is a Federal Drug Conspiracy?
A federal drug conspiracy involves an agreement between two or more people to violate federal drug laws [1]. To prove a conspiracy, prosecutors must show:
- There was an agreement to commit a federal drug crime
- The defendant knew about the agreement
- The defendant intentionally joined in the agreement
The four main types of federal drug conspiracies are [2]:
- Manufacturing – Growing, extracting, processing, or producing controlled substances
- Distribution – Delivering, transferring, or selling illegal drugs
- Importation – Bringing controlled substances into the U.S.
- Possession – Having illegal drugs under your control
The agreement to commit a drug crime does not have to be explicit. A “tacit understanding” is enough. Overt acts also must be taken in furtherance of the conspiracy. But the government does not have to prove an actual drug transaction took place.
Federal Drug Conspiracy Penalties
Penalties depend on the type and quantity of drugs involved [2]:
Marijuana
- 100+ kg – 5+ years to 40 years
- 1000+ kg – 10 years to life
Cocaine
- 500+ g – 5+ years to 40 years
- 5+ kg – 10 years to life
Heroin
- 100+ g – 5+ years to 40 years
- 1+ kg – 10 years to life
Methamphetamine
- 50+ g – 5+ years to 40 years
- 500+ g – 10 years to life
Penalties are even higher if serious bodily injury or death results, if prior felonies exist, if drugs are sold to minors, or if certain firearms are involved. Low-level participants can still face 5+ years in prison.
Defenses Against Federal Drug Conspiracy Charges
There are several possible defenses to federal drug conspiracy charges [3]:
No Agreement Existed
If prosecutors cannot prove an agreement existed, there is no conspiracy. Individuals working independently toward a common goal does not constitute a conspiracy.
No Intent to Join
The defendant must intentionally join the agreement. Simply being present does not prove intent. The defendant must take overt action showing intent to participate.
Wrong Conspiracy
The conspiracy the defendant actually joined must match the one charged. Being part of a different drug conspiracy is a valid defense.
Entrapment
If law enforcement pressured or coerced the defendant into committing a crime he was not predisposed to commit, an entrapment defense may succeed.
Duress
If the defendant participated in the conspiracy under threat of physical harm, a duress defense could apply.
Unlawful Arrest
If the arrest was unlawful, evidence obtained as a result could be suppressed. This could cripple the prosecution’s case.
Invalid Search
Similarly, if the search leading to evidence was illegal, the evidence may be excluded, preventing conviction.
Finding the Right Federal Drug Conspiracy Lawyer
Facing federal drug conspiracy charges is daunting. But an experienced federal criminal defense lawyer can thoroughly analyze the case and identify the best defenses. Do not delay in contacting a qualified attorney. Time is of the essence in building an effective defense.
The attorney should have extensive experience in federal court, as the rules and procedures differ greatly from state courts. They should be well-versed in federal drug laws and sentencing. And they should have a proven track record of achieving successful case outcomes.
With an experienced federal drug conspiracy lawyer on your side, you can avoid mandatory minimums and gain the upper hand against federal prosecutors. Don’t leave your fate to chance. Contact a federal drug defense attorney today.