Facing Federal Narcotics Charges?

Federal Narcotics Charges

Federal drug offenses (sales, distribution, importation, possession, trafficking, and manufacturing) make up almost one-third of all federal prosecutions. It comes with no surprise that the penalties and sentences for these convictions can be severe.

For example, in 2005, the United States Supreme Court, in United States v. Booker, 543 U.S. 220 (2005), ruled that the federal sentencing guidelines would no longer be mandatory but rather advisory. Yet, federal drug offenses survived the Booker ruling, meaning that many federal drug convictions still carry mandatory minimums of prison time, whether it be 5, 10, or 20 years.

The most commonly seen drug charges are conspiracy to distribute narcotics, distribution and possession. Charging participation in the conspiracy is a way to shift or impart liability onto individuals even without his or her direct physical participation in a drug possession or distribution. Hence, an individual who used a cellphone to partake in a narcotics conspiracy, even if the person was not present for the actual trafficking or possession, can and will be charged pursuant to the same federal drug statutes as the other conspirators. 

Federal charges are seen as more serious than state drug offenses because of the amount of drugs involved. Moreover, federal prosecutors are able to use the vast resources of agencies such as the DEA, FBI, and DHS to continue their investigation and rope in other conduct or other individuals to enhance drug charges and ask for greater sentences.

Federal vs New York State Drug Offenses

Many drug-related criminal offenses are prosecuted at the state level by a district attorney’s office. Hence, the Kings County District Attorney’s office may take jurisdiction to prosecute even high-level felony drug possession cases. This may include the possession of several kilograms of controlled substances such as heroin or crack-cocaine.

That said, when part of a drug offense transcends state lines - for example, a controlled substance was shipped using the United States Postal Service - federal authorities will typically take over and prosecute the matter in federal court. Indeed, the department of justice will then seek to include charges that carry with them the aforementioned mandatory minimums. 

Charges and Potential Punishments Under Federal Law

Pursuant to the federal statute 21 U.S.C. § 841(a), it is unlawful for anyone to either knowingly or intentionally manufacture, distribute, dispense or possess with intent to do the same, any controlled or counterfeit substance. 21 U.S.C. § 841(b) then sets forth the applicable penalties for this crime, which are largely dependent on the weight and drug type at issue.

More specifically, a defendant in a case involving another Schedule I or II controlled substance [21 U.S.C. § 812] and with no other aggravating factors may be punished by up to 20 years imprisonment; and a defendant in a case involving less than 50 kilograms of marijuana may be punished by up to five years imprisonment, which is then increased to 10 years imprisonment should that defendant have previously been convicted of a felony drug crime. See 21 U.S.C. § 841(b)(1)(C)-(D). 

Impacts of Federal Drug Offenses

There are long-term, if not permanent, implications for a federal drug conviction. Beyond the conviction, and beyond the sentence, these individuals will have difficulty with passing federal background checks to become gainfully employed or travel freely throughout the country or internationally. 

Treatment of Federal Cases

The penalties for federal cases are more severe and the conviction rate for federal cases is higher in part because federal prosecutors have more resources and are less overburdened than their state counterparts.

Federal prosecutors are also well-aware that they can still build cases and create pleas that bring cases to a federal judge with mandatory minimums in-tact. Hence, federal prosecutors can fallback on five, ten, and even twenty year mandatory minimums for serious offenses. If unwilling to negotiate, federal defendants face the prospect of trial. 

How We Fight Federal Drug Charges

Savvy, aggressive federal defense lawyers will look to employ various tactics to fight back against the vast power of the department of justice.  Common defense strategies for federal drug cases include motions to suppress searches or the fruits of a wiretap. Indeed, federal defense lawyers must pick apart lengthy and complex search warrants to find if it may be considered overbroad or unconstitutionally vague. 

Another classic defense includes reviewing material of the inevitable cooperating witnesses. This material includes 302s and cooperation agreements (or 5k1.1 letters). Many federal drug conspiracy prosecutions have been built upon cooperators - oftentimes, these are individuals with lengthy rap sheets and other impeachable offenses which can sow doubt in the minds of a juror. Where federal prosecutions hinge on the truthfulness of a cooperating witness, a cross-examination which shreds apart this witness’s veracity is critical if not dispositive in how a jury will deliberate. 

Your Defense Begins Now

If facing a federal narcotics or drug prosecution, it is crucial to hire a federal defense attorney who is well-versed in these charges and prepared to find creative avenues to get around the mandatory minimums that survived the 2005 Booker ruling. Despite these strict statutes, a skilled defense lawyer can still employ an aggressive defense to either prevail at trial or, at the very least, negotiate a deal with the government which lessens one’s exposure at a federal sentencing. Contact The Law Offices of Jason Goldman today.