Federal Drug Trafficking Lawyer in the Southern District of New York.

Our lawyers will work with you on your federal drug trafficking case in SDNY from start to finish, from making sure that federal law enforcement officers, prosecutors, and judges have a clear understanding of your side of the story as soon as possible, to advocating for you in the event of a trial.

2. The U.S. Attorney’s Office

The U.S. Attorney’s Office is the prosecutorial arm of the United States’ Department of Justice and handles all federal criminal cases filed within the SDNY. If your case gets accepted for filing with the federal district court, a federal prosecutor from the U.S. Attorney’s Office will lead the case against you.

3. Federal Defenders of New York

Defendants who cannot afford private counsel are entitled to court-appointed counsel. In SDNY, the court appoints federal public defenders from the non-profit law firm Federal Defenders of New York. There are also private attorneys who accept appointments. Federal Defenders has offices in Manhattan, Brooklyn, White Plains, and Central Islip.

4. The Federal District

Court for the Southern District of New York

The Southern District of New York encompasses New York, Bronx, Westchester, Rockland, Putnam, Orange, Dutchess, and Sullivan Counties. The federal district court’s courthouse in Manhattan is located at 500 Pearl Street. The courthouse in White Plains, NY, is located at 100 Grand Street. There is an additional courthouse located in Poughkeepsie, NY, at 355 Main Street.

What Can Happen Before and After An SDNY Drug Indictment, and How Does Detention Affect the Defense Process?

In many cases, federal drug trafficking investigations may be underway before prosecutors ever file charges. Federal law enforcement agents are well-versed in various techniques for conducting covert investigations. They may use:

• search warrants,
• electronic surveillance,
• undercover surveillance,
• confidential informants,
• grand-jury subpoenas, and,
• other investigation-focused investigative tools to gather evidence and build their case. For individuals who receive a target letter, who get called to testify in federal grand jury proceedings, or who get contact information from federal agents for purposes of interrogation, getting arrested isn’t a certainty. It does, however, mean that federal law enforcement is interested in your conduct and will likely try to establish evidence that leads to a criminal case. If you’re currently the target of a federal drug investigation, you need to make informed decisions about how to proceed. Once an SDNY drug case is charged in federal court, it proceeds through a specific sequence of appearances and events:
• initial appearance,
• detention hearing,
• arraignment,
• discovery and motions,
• negotiations,
• trial,
• and,
• sentencing hearings. After arraignment, the next event in the process typically involves conducting additional hearings or conducting pre-trial negotiations with the federal prosecutors. If no resolution is reached during the pre-trial process, the case may go to trial. In cases where prosecutors cannot obtain a dismissal or a favorable settlement offer, a guilty plea is another alternative. A detention hearing is a judicial hearing to determine if the defendant will remain in jail during the pre-trial period or if the defendant will go home. Being detained in custody substantially hinders a defendant’s ability to maintain contact with his or her attorney and play an active role in formulating the defense strategy. In federal cases, the presiding judges enforce deadlines governing detention hearings, the exchange of evidence (known as discovery), trial scheduling, and deadlines to file motions to dismiss. These are all critical deadlines, and missing any of them could have serious implications. Once liability in a federal criminal case is determined, if the defendant is found guilty, the presiding judge will hold a sentencing hearing to determine the sentence to be imposed.

How do drug type, quantity, and charge allegations shape an SDNY sentence?

1. Who are the Defendants in an SDNY Drug Case?

The federal criminal statute, 21 U.S.C. § 841(a)(1), prohibits knowingly or intentionally manufacturing, distributing, or dispensing a controlled substance, or possessing a controlled substance with intent to manufacture, distribute, or dispense it. The controlled-substance statute, 21 U.S.C. Section 812, defines controlled substances in five schedules: Schedule I, Schedule II, Schedule III, Schedule IV, and Schedule V. It also lists other substances. The federal regulations listing controlled substances are found in 21 C.F.R. §§ 1308.11 through 1308.15. Schedule I is the list of the most-dangerous controlled substances, andSchedule II includes opioids, stimulants, and hallucinogens. Schedule III includes medicines that have a medical use but can have harmful addictive potential. Schedule IV includes prescription drugs with low potential for abuse, and, Schedule V includes substances that has very low potential for abuse but are used in legitimate medical treatments.

2. What Are the Mandatory Minimum Drug Penalties?

The statutory drug penalties in federal cases depend substantially on the type and quantity of the controlled substance involved.

For example, the federal criminal statute 21 U.S.C. Section 841(b)(1)(A) imposes a ten-year mandatory minimum penalty in cases involving controlled substances of the following quantities or greater:

• heroin or similar substance: 1 kilogram or 1,000 grams or greater,
• cocaine or similar substance: 5 kilograms or 5,000 grams or greater,
• methamphetamine: 50 grams or more of methamphetamine or 500 grams or more of a mixture containing a detectable amount of methamphetamine,
• fentanyl: 400 grams or more of a mixture containing a detectable amount of the specified fentanyl compound, or 100 grams or more of a mixture containing a detectable amount of a qualifying analogue or fentanyl-related substance, or
• specified controlled substances: the applicable threshold varies by substance, including the substance-specific quantities set out in 21 U.S.C. § 841(b)(1)(A) In contrast, 21 U.S.C. Section 841(b)(1)(B) mandates a five-year minimum penalty for controlled substances of the following quantities or greater:
• heroin or similar substance: 100 grams or more,
• cocaine or similar substance: 500 grams or more,
• methamphetamine or similar substance: 5 grams or more,
• fentanyl: 40 grams or more of a mixture containing a detectable amount of the specified fentanyl compound, or 10 grams or more of a mixture containing a detectable amount of a qualifying analogue or fentanyl-related substance, or
• another Schedule I or Schedule II controlled substance: 50 grams or more.

How do conspiracy attribution, sentencing relief, and proffers change the case?

1. Federal Drug Conspiracy

The federal criminal charges include charges of participating in a drug conspiracy. Conspiracy-related charges increase defendants’ sentencing exposure to include not just what the defendants did or what they bought, sold, or distributed. Federal sentencing guidelines attribute a defendant’s responsibility to the total amount and weight of the controlled substance that were distributed or manufactured by any member of the conspiracy, and the type of crime committed by any other conspiracy member. In SDNY, if federal agents uncover any related conduct, it is likely that they will bring a conspiracy charge.

2. The Federal Sentencing Guidelines

The Sentencing Guidelines are an advisory (not binding) document. There are three main forms of sentencing in federal cases: a statutory mandatory minimum (sentence set by law, not the judge), a statutory maximum (limit set by law), and advisory sentence. In federal cases, the advisory sentence will be determined based on several factors, including:

• The nature and circumstances of the offenses involved,
• the history and characteristics of the defendant,
• the need to protect the public from further crimes or other offenses,
• any relevant medical condition affecting the defendant,
• the defendant’s age, criminal record,
• the defendant’s need for treatment,
• the costs imposed on victims, and,
• other relevant factors.

3. Sentencing Relief

While the Sentencing Guidelines set out a starting point for drug sentences, there is a possibility for relief. A federal prosecutor may seek to impose a below-guidelines sentence by filing what is called a 5K1.1 substantial-assistance motion. Another possibility is “safety valve” relief, whereby a defendant that meets specific requirements is eligible for a sentence beneath a mandatory minimum penalty.

4. Proffer, Coppershone, and Plea Negotiations

Offering information and negotiating a reduced sentence (a proffer or cooperation) is common in federal drug cases. In many instances, the results of federal investigations, whether by means of undercover agents, informants, or other investigations, are not very strong. In these situations, federal prosecutors will rely on the defendant to come forward, talk about what happened, and disclose other names, contacts, and drug-related connections in order to obtain a more promising case.

What should you compare when an SDNY drug-defense lawyer discusses cost, results, and consequences?

1. Beyond the Prison Sentence

Sentencing penalties are not the only consequence of a federal drug conviction. In many cases, a conviction can trigger:

• Immigration-related consequences (including deportation),
• professional license revocation,
• limitations on employment opportunities,
• monetary forfeiture,
• restitution,
• probation,
• supervised release,
• and,
• drug treatment.

These collateral consequences can often be the primary driver of a defendant’s legal defense costs.

Additionally, many defendants do not have a criminal record prior to their current federal drug case. As a result, they have no criminal record in any other district and they are free from any other criminal charges. However, a conviction will result in the formation of a permanent criminal record.

2. Cost of Private Defense

Private-sector federal defense fees vary significantly. Some of the factors that can influence the amount charged include the length of the investigation, the amount of evidence, litigation needs, trial or sentencing hearing needs, the location, and various other factors. It is difficult, if not impossible, to determine an average cost based on some industry-wide source or statistic. As a result, each law firm is essentially unique, and it is up to the defendant or his or her family member to decide if a defense attorney is worth it.

3. Claims of Uniqueness

Some lawyers will claim that the Southern District of New York’s prosecutors’ office is the most powerful prosecutor’s office in the country and that its unlimited resources make it nearly impossible for a defendant to successfully combat the federal criminal allegations. While the Southern District of New York definitely makes its presence felt across the nation due to its handling of significant matters, it is not by all means unique in this regard, nor does it have resources that are by all means superior.

Similarly, testimonials, having been a federal defense lawyer for more than 25 years, or other accolades do not necessarily equate to superior outcomes.

If You Want Someone to Look at Your Case

Reading about a charge is not the same as having someone read your file. Spodek Law Group keeps an attorney on call around the clock, and the first consultation costs nothing and runs as long as your questions do. The number is 888 348 8028.