How Long a Federal Drug Case Takes From Arrest to Sentencing.

Federal drug cases can take anywhere from several months to several years to resolve. There is no universal 75-to-90-day deadline (or any other universal deadline) for sentencing in federal criminal cases, and the duration of the overall process depends on the circumstances involved.

In a federal drug case, several factors can contribute to lengthening the interval between arrest and sentencing, including:

• Discovery, In many federal criminal cases, reviewing the evidence will be an extensive process, as the discovery volume can reach thousands of pages.
• Continuances, Counsel for both sides may seek continuances during the pre-trial, trial, or post-trial stages, which can prolong the timeline.
• Guideline Disputes, After a defendant has been convicted in a federal drug case, sentencing may be delayed due to disputes regarding the applicable sentencing guidelines.

Overview of Federal Criminal Defense Proceedings

In general, federal criminal defense proceedings follow a similar timeline in drug cases. These procedures include:

• Pre-Arrest Investigation, Prior to an individual’s arrest, the government will often spend weeks, or even months, building a case against that individual.
• Arrest, Detention, Charging, and Discovery, Under federal law, the government generally must file an indictment or information within 30 days after the defendant is arrested or served with a summons in connection with the charges.
• Federal Drug-Case Litigation, This stage involves reviewing the government’s evidence, conducting a pre-trial defense investigation, filing pre-trial motions, and attempting to negotiate a plea deal.
• Resolution, This refers to the stage of the proceeding that ends in either a jury verdict of guilty or the defendant’s acceptance of a guilty plea.
• Presentence Investigation, Pre-Sentencing, and Sentencing, The sentencing stage involves determining the applicable sentencing guidelines and conducting the sentencing hearing.

What Deadlines and Detention Decisions Follow a Federal Drug Arrest?

After being arrested by the FBI, DEA, or another federal law enforcement agency, you can expect several things in the short term:

• Initial Appearance, You must be taken before a magistrate judge without unnecessary delay for your initial appearance. At this hearing, the magistrate judge will address (i) any charges that are pending against you, (ii) your constitutional rights, (iii) your right to counsel, and (iv) whether you can be released pending your federal drug charges.
• Detention Hearing, If you are denied release at your initial appearance, the court will hold a detention hearing at a later time. At this hearing, the magistrate judge will evaluate (i) the risk that you would flee if released, and (ii) the risk that you would be a danger to the community. In many federal drug cases, there is a statutory presumption in favor of detention pending trial.
• Indictment, Generally speaking, federal prosecutors must obtain an indictment within 30 days after a defendant’s arrest. If the 30-day period expires, the Speedy Trial Act generally provides for dismissal of the charge, subject to statutory exclusions and extensions; it does not generally require the defendant's consent to continued detention. In many cases, federal prosecutors seek an indictment long before an arrest is made.
• Scheduling Conference, After an indictment is handed down, the court will schedule a conference. This conference is intended to address scheduling issues and determine whether the case will be resolved before a trial.
• Discovery, Between your indictment and trial, the government will provide evidence to your defense counsel. This process is known as “discovery.” Discovery can range from a handful of documents to thousands of pages of records.

When Does Sentencing Occur After a Federal Drug Plea or Trial?

If you have pleaded guilty or have been convicted at trial, your final sentence will not be determined right away. Instead, there are several procedures that will take place in the coming weeks and months:

1. The Probation Office Prepares the Presentence Report

The probation office will prepare what is called a “presentence report.” This report is then sent to the prosecution team, the defense team, and the sentencing judge. The presentence report generally includes:

• Sentencing Guideline Calculation, The probation officer who prepares the presentence report will calculate the applicable sentencing guidelines based on the statute of offenses that you have pleaded guilty to or have been convicted of at trial.
• Offense Conduct, The presentence report also contains a description of the offense(s) conducted that resulted in a criminal conviction.
• Criminal History, Another part of the presentence report involves describing the defendant’s prior criminal history.
• Personal Background, The presentence report may include your age, marital status, education level, job history, and other information about your personal background.

2. Review and Approval

When the probation office finishes the presentence report, the report will be sent to the judge. The defense team will also have an opportunity to review a draft copy of the report and submit objections if there are any inaccuracies. If you are arrested with illegal drugs or other prohibited items, it is very important to ensure that all applicable defenses to prosecution are considered.

3. Sentencing Hearing

After the presentence report is finalized, the court will schedule your sentencing hearing. This hearing is where you will learn how much time you will spend in prison, how much you will pay in fines, and how much you will pay in restitution. A sentencing hearing often takes place about 75 to 90 days after you have pleaded guilty or have been convicted at trial.

When you call this firm, a person answers. Not a service, and not a call centre, at any hour.

Which Sentencing Steps Can Add Time or Change the Result in a Drug Case?

1. The Sentencing Guidelines

Sentencing in a federal drug case (and in other federal criminal cases as well) begins with calculating the sentencing range under the United States Sentencing Guidelines. As the name suggests, the guidelines provide a range for sentencing, and the calculating process involves weighing a defendant’s offense level and prior criminal history.

2. Mandatory Minimum Penalties

When dealing with drugs (which are often classified as “controlled substances” under the federal drug laws), mandatory minimum penalties can present a significant obstacle to defense. Mandatory minimum penalties depend substantially on the drug type and quantity involved, and they are often the primary issue at hand in a federal drug case.

3. Criminal Record

If you have a clean criminal record, you may be able to avoid criminal history points being added to your calculated offense level. This usually results in a lower sentencing range under the guidelines. While it may not have any effect on your eligibility for the safety valve, a clean criminal record typically will not eliminate a statutory mandatory minimum penalty.

4. Eligibility for the Safety Valve

At sentencing, the court determines whether a defendant satisfies the safety-valve criteria, after giving the Government an opportunity to make a recommendation. If you are eligible for the safety valve, then the court may sentence you below a mandatory minimum penalty. This includes, but is not limited to, 5-year and 10-year statutory minimums. However, it is important to note that the safety valve does not automatically make you eligible for probation or guarantee a sentence of avoidance of imprisonment.

Can a Federal Drug Case End Without a Sentence?

In some cases, a federal drug case can end without a sentence if the case is resolved pre-trial. Possible resolutions include:

• Plea Agreement, Under a plea agreement, the defendant accepts a guilty plea. Plea agreements can address charges, sentencing recommendations, calculations under the sentencing guidelines, and other sentencing terms. Although a plea agreement typically establishes a recommended sentence, judges are not required to follow a recommended sentencing range unless the agreement specifically indicates otherwise.
• Pretrial Diversion, Pretrial diversion is a way of resolving a criminal case pre-trial. If the defendant successfully completes the pretrial diversion program, the prosecutors will usually seek a dismissal. Successful completion of a pretrial diversion program can also potentially lead to avoiding a criminal record.
• Dismissal, In some circumstances, federal drug cases may end with a dismissal of the charges. The research conducted has not established a reliable percentage regarding how often drug cases lead to a dismissal.

Talk to Spodek Law Group

Every case turns on its own facts, and general information is no substitute for advice about yours. Todd Spodek, managing partner of Spodek Law Group, and the firm's attorneys defend federal criminal and white collar matters nationwide. Reach the firm at 888 348 8028.