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If you are convicted of drug trafficking, there are various specific federal and state level crimes that you may be indicted for. The constitution protects a person from being tried twice for the same offense and many individuals mistakenly take on this means that you cannot be indicted under both federal and state law for the same actions. This is not true, though. The Supreme Court has ruled that both federal and state governments are independent sovereigns and indictment for both federal and state crimes based on the same conduct does not violate the double jeopardy clause.
Distribution of a CDS
Federal law criminalize the knowing and intentional distribution of CDSs, using the Controlled Substances Act to categorize illegal substances into five (5) schedules based on their potential for abuse and dependency.
Sentences for drug distribution are weighty and increase in severity based on the schedule and volume of drug. For instance, under the law, you may be imprisoned up to thirty (30) years for cocaine distribution—a Schedule II CDS—but you may deal with up to fifty (50) years for heroin distribution—a Schedule I CDS.
Possession with Intent to Distribute (PWID) a CDS
Even if you have not actually distributed any drug, you may be indicted for PWID if you had constructive CDS possession with the specific intent to distribute it and did so consciously and intentionally.
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The accusation will typically point to circumstantial evidence, such as a high volume of illegal substances exceeding an amount that would reasonably be needed for personal use or drug paraphernalia such as razor blades and bags to package drugs for distribution. The prosecution will point to these facts as evidence that you did not intend to keep the substances for personal use, but rather that you intended to sell or distribute the drugs.
Conspiracy to Distribute CDS
A federal drug conspiracy indictment may be brought if you and one or more other person(s) entered into an agreement to violate a federal drug law and each of you joined the agreement consciously.
Controlled Substance Import
It is a federal crime to import illegal substances into any nation or State.
Under the Racketeering Influenced and Corrupt Organizations Act (RICO), it is a violation of federal law to operate as an organized drug trafficking company and commit at least two (2) racketeering offenses, known as “predicate crimes”, in the past ten (10) years. Several of the 35 racketeering offenses are often deeply involved in cases of drug trafficking including offenses of violence, money laundering, and extortion.
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In additional to these crimes and depending on the facts deeply involved in your case, you may also deal with indictments for possession of firearms in furtherance of a drug trafficking crime, unlawful use of communication facilities, and tax evasion.
Criminal charges of drug trafficking typically come with indictments for multiple violations. To avoid spending decades of your life in jail, it is critical that you seek the guidance of a trusted, skilled and knowledgeable drug defense attorney. The defenses available to you will be highly dependent on the specific facts deeply involved in your case.
Violation of Rights
Often, one of the most effective avenues to get the charges against you dismissed or reduced is where there is some evidence that your constitutional rights against an unlawful search and seizure were violated. The Constitution protects against unreasonable search and seizures by the government. Specifically, it holds that where a person has a reasonable expectation of privacy, such as their house, the police may not carry out a search and seizure in such an area with no warrant, unless a special exception exists. In a criminal procedure, if any evidence was gotten in violation of your right against unlawful search and seizure, that evidence is deemed tainted as a “fruit of the poisonous tree” and inadmissible into evidence against you.
If proper proceedings were not followed in the beginning of your case—i.e. the law enforcement officials searched your vehicle with no probable cause or came into your house with no a warrant—your criminal defense attorney can request that such an evidence be excluded from the record, meaning the prosecution will not be able to present the evidence to a jury when attempting to prove their case beyond a reasonable doubt.
Lack of Intent
Almost every single drug trafficking crime you can be indicted for requires a showing of proof that you distributed or intended to distribute a CDS, rather than simply possess it for personal consumption. The prosecution is required to prove each element of the indictment beyond a reasonable doubt—including intent.
We can help if you are dealing with drug trafficking charges:
-Marijuana trafficking-Cocaine trafficking-Ecstasy trafficking-Methamphetamine trafficking-Prescription drug trafficking (Percocet, Xanax, OxyContin)-Heroin trafficking
At our Law Office, our drug trafficking charge attorneys have decades of criminal defense experience and has been practicing in federal courts for over fifteen (15) years. With experience handling hardest criminal defense cases, including capital cases, our law firm can provide you with the criminal defense skills necessary to help you reach as best resolution to your case as possible.
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Contact A Drug Trafficking Defense Attorney
If you are dealing with drug trafficking indictments, we can help you. Let our decades of experience create the solid defense you really need. Call us now or simply contact us online to schedule your initial consultation with our highly reliable,trusted and skilled drug trafficking defense attorneys.