How a Lawyer Can Help With a Drug Trafficking Charge

Simple drug possession may only be a minor infraction or misdemeanor offense. Drug trafficking charges are much more serious. The penalties for a drug trafficking conviction can include lengthy prison time, expensive fines, asset forfeiture, and a permanent felony record.

An experienced criminal defense attorney can help you fight federal drug trafficking charges. For more information about your federal crime charges, talk to a drug trafficking lawyer for legal advice.

What Is Drug Trafficking?

Drug trafficking is another term for selling or distributing a controlled substance. Drug trafficking generally refers to large-scale drug cases, including bringing in drugs over international borders or crossing state lines. Some state laws refer to drug distribution as drug trafficking. Drug trafficking is also a term to refer to international drug offenses, including smuggling drugs.

Simple drug possession generally involves possession of a small amount of drugs for personal use. Possession of drugs with the intent to distribute can be a state or federal offense. However, federal prosecutors usually handle larger drug trafficking cases or drug trafficking that goes across borders or state lines.

The difference between possession of a controlled substance and alleged trafficking is usually based on the amount of drugs. There may be a presumption that a large amount of illegal drugs are for sale. A small amount of drugs may be for personal use.

There may be other evidence of sales, trafficking, or distribution. Evidence of trafficking could include:

• Transporting drugs across state lines or national borders
• Packaging material to divide up larger amounts of drugs
• Large quantities of cash and illegal drugs

For example, if police officers pull you over for speeding and find a quarter ounce of marijuana, you could claim it is for personal use. However, if U.S. Customs and Border Protection stops you at the border and finds 20 lbs. of cocaine hidden in the vehicle, that would likely lead to drug charges for trafficking.

How Can a Drug Trafficking Attorney Help?

A drug crime lawyer will be your advocate to defend your rights and freedom against criminal charges. Criminal lawyers can tell you about your legal options and help you come up with the right defense strategy.

Defenses to Drug Trafficking Offenses

If you are accused of drug trafficking, the prosecutor has to prove you are guilty beyond a reasonable doubt. Your lawyer can build a legal defense to show the jury that there is reasonable doubt. Defense strategies for drug trafficking laws can include:

• Illegal search by law enforcement officers
• No probable cause to make an arrest
• Alleged drugs were not a controlled substance
• You were not involved in any distribution
• Drugs were for personal use

For example, if the police pulled you over for a traffic stop and searched your car without probable cause or permission, that may be an unlawful search. Your criminal defense lawyer could challenge the evidence and the prosecutor may have to drop the charges. If you have a strong case, your attorney can build a strong defense to show the jury there is enough doubt to get a “not guilty” verdict. They can do this by using their own expert witnesses and investigators to make sure your side of the story is communicated properly.

What Your Lawyer Will Do

Federal penalties for drug trafficking can depend on the amount of drugs involved. But in general, a felony federal conviction will have harsh penalties. For example, the penalty for trafficking 100 kg. of marijuana includes a mandatory minimum of five years in prison. It is also a five-year prison sentence for trafficking in 1 gram of LSD or 100 grams of heroin. You could also face up to $250,000 or more in fines.

Plea Negotiations

Before you accept a plea deal, talk to a lawyer first. There is too much at stake not to. Your lawyer knows how the plea deal process works and will know how to negotiate for a stronger plea deal that reduces the most serious charges.

Some first-time offenders can go through drug court, which is an alternative to criminal law proceedings. In drug court, you may have to go through drug treatment and counseling but you can avoid jail time and a criminal record. Ask your attorney about your drug court options.

Advocacy and Protecting Your Rights

The most important thing a criminal defense lawyer does is protect your constitutional rights. Federal prosecutors will try to get you to accept a plea deal quickly. They may try to intimidate you. Your lawyer will make sure that your rights remain intact.

For more information about your constitutional rights and defense options, talk to a drug crime defense lawyer.