Federal Drug Conspiracy Lawyer

What is a federal drug conspiracy?

A federal drug conspiracy is simply an agreement between two or more people to violate one of America's drug laws. To be convicted of conspiracy, an individual does not have to actually possess, sell, purchase, manufacture, or distribute a controlled substance. If you've been charged with a federal drug offense, you should contact an experienced federal criminal defense lawyer to ensure that you receive the best possible defense.

Why did the government charge me with drug conspiracy?

The federal government charges people with conspiracy for two primary reasons. First, charging someone with a conspiracy offense (an agreement to do something illegal) is often easier to prove than a substantive offense (the actual act of selling or distributing drugs). 

Second, by charging someone with a conspiracy, the Government can hold someone responsible for the conduct of others involved in the conspiracy (which is often much more than the individual alone). In a drug conspiracy, this means that the Government could potentially hold an individual responsible for drug quantities that the individual never saw or touched. This often allows the Government to seek mandatory minimum sentences against individuals of five, ten, fifteen, or twenty years in prison when they otherwise wouldn't be able to.

It is important to keep in mind that the Government and the courts view conspiracies to be more dangerous to society than substantive offenses alone. This view is based on the idea that a group of people is more dangerous than just one person. But as with most tools the Government has to combat crime, it can, and often does, abuse this power, and it routinely charges people who had no knowledge of an alleged conspiracy, who never joined any alleged conspiracy, or who played a very limited role in the alleged conspiracy. In such cases, it is your federal criminal defense lawyer's job to ensure the the truth comes to light. 

What are the different types of drug conspiracy charges?

Drug conspiracy charges are usually based on three different types of substantive offenses:

1. Possession with intent to distribute. The Government will often try to show that a person possessed a drug with the intent to distribute it. This offense is more severe than a simple possession offense. The Government typically shows possession with intent to distribute based on the quantity of drugs (more than a single user amount) and the surrounding circumstances (large sums of cash, scales, text messages with buyers or suppliers, drug ledgers, firearms, etc.). 
2. Distribution of drugs. Distribution involves the act of transferring a controlled substance to someone else. This can mean a seller giving drugs to a buyer or, as is often the case, a mule or courier driving or flying drugs from one city to another city. A mule or courier is often a low-level member of a conspiracy that doesn't have much knowledge concerning the quantity of drugs or type of drugs.
3. Manufacturing of drugs. If the conspiracy involved creating the controlled substance, an individual will likely be charged with conspiring to manufacture the drugs. This is typically seen in marijuana grow house case, meth drug lab cases, and pressed pill cases. 

What are the defenses in a federal drug conspiracy case?

While every case is different, there are a few defenses that we use time and time again to defend against federal drug conspiracy charges:

1. Lack of evidence. The most powerful defense in a drug conspiracy case is often how little evidence the Government has. People often assume that an individual must be guilty if the Government charges him with a drug conspiracy offense. In many cases, however, the Government's evidence connecting an individual to a conspiracy is a few vague text messages, a recorded phone call that is largely inaudible, or the testimony of co-defendant who has every reason in the world to lie about our client's involvement. It is therefore critically important that anyone charged with a federal drug offense has an experienced federal criminal lawyer review all of the evidence to determine the strength of the Government's case. 
2. No agreement. The most basic element of a conspiracy offense is an agreement between two or more people. People, however, rarely enter into an express agreement to violate the law. In many cases, the evidence establishing an agreement is thin at best, and a seasoned defense attorney can argue that his client never agreed to violate any drug law.
3. The wrong conspiracy. The Government is required to prove the conspiracy charged in the indictment. In many cases, there are multiple conspiracies, and the Government runs the risk of proving the wrong conspiracy at trial. A good defense lawyer can argue that the Government focused on the wrong conspiracy and that the jury is therefore required to return a verdict of not guilty.
4. Suppressing evidence. One of the most powerful tools in a defense lawyer's arsenal is a motion to suppress evidence. These motions may take on many forms but usually seek to suppress the search of a residence or vehicle, statements that a criminal defendant made to law enforcement, or wiretaps that recorded an individual on the phone. A defense lawyer will review all of the search warrant affidavits, wiretap affidavits, and surrounding circumstances to determine if a suppression motion is warranted. If successful, the Government may be required to dismiss all charges as it won't have enough evidence at trial to convict an individual.

Should I enter a plea or go to trial on federal drug conspiracy charges?

Whether you enter a plea or go to trial is entirely up to you. Your criminal defense lawyer cannot make this choice for you. Before you make this decision, however, a good criminal defense lawyer will make sure that you fully understand the charges against you as well as the strength of the Government's evidence supporting the charges.

Your lawyer should also be able to explain the pros and cons of entering a guilty plea versus going to trial. Entering a guilty plea is a compromise or negotiation. In other words, there needs to be a reason why you're entering a guilty plea (i.e., a benefit to you), and that reason is usually a lighter sentence. So one question to ask is: how am I going to get a lighter sentence by agreeing to enter a guilty plea? In federal drug conspiracy cases, a lighter sentence may result from the following negotiated terms in a plea agreement:

• Acceptance of responsibility. By entering into a a plea agreement, you will usually get a reduction of three levels off the Federal Sentencing Guidelines for acceptance of responsibility. In most cases, this reduction is usually a given, and there are other reductions that a defendant's lawyer can fight for.

• Reduced charge. A defense lawyer can also negotiate for a reduced charge which carries no mandatory minimum sentence. In a federal drug conspiracy case, this could mean entering a plea to a general conspiracy under 18 USC 371 (which carries a maximum sentence of five years and no mandatory minimum) or what's commonly referred to as a 'phone count' which involves using a telephone to facilitate a drug transaction. There are other options as well that your lawyer should explore to escape any mandatory minimum sentences.

• Drug quantity and other enhancements. Your sentence in a drug conspiracy case is largely driven by the quantity of drugs. The Federal Sentencing Guidelines also require enhancements for conduct such as possessing a firearm, obstruction of law enforcement, and being a manager of an alleged drug conspiracy. All of these factors can significantly increase your sentence. During negotiations, the Government may be willing to agree to not pursue these enhancements or agree to a lower drug quantity than it would argue if the case were to go to trial.

• Mandatory minimums. Aside from the quantity of drugs, the Government may seek an enhanced sentence due to prior convictions or using a firearm to facilitate the drug offense. For example, if the Government used a firearm in furtherance of a drug crime, the Government may charge the individual under 18 USC 924(c), which requires the court to impose an additional five (5) years onto the sentence for the underlying drug charge. Your lawyer may be able to negotiate a deal where the Government agrees to drop this count.

• Safety valve. A defense lawyer's job at sentencing is often to avoid draconian mandatory minimum sentences. One way to do this is to argue that a defendant is entitled to "safety valve." Safety valve applies when a defendant has limited or no criminal history, did not use violence or possess a firearm, no one was injured, the defendant was not a supervisor or leader, and the defendant tells the Government everything that he or she knows about the offense. If the Court agrees, it can sentence the defendant to a sentence below the mandatory minimum sentence. In practice, we have seen individuals receive probation sentences due to safety valve when they otherwise would have had to serve at least ten (10) years in prison.

• Substantial Assistance. A defendant may also be able to avoid a mandatory minimum sentence by providing the Government with substantial assistance (i.e., cooperation). This is referred to as a 5K reduction (if the assistance is provided early on) or a Rule 35 reduction (if the assistance is provided after sentencing).

If you or someone you know is facing federal drug conspiracy charges, you should contact an experienced federal criminal defense lawyer to ensure that you have the best defense possible. Our firm has handled drug conspiracy cases around the country, and we have obtained excellent results, including not guilty verdicts, dismissals, and probated sentences.