Federal Drug Charges
If accused of federal drug charges you have much at risk. The sentences for a federal drug charge are harsh even if you or your loved one has no prior criminal history. These cases are difficult to face, defend and most carry mandatory minimum sentences.
Salt Lake City Federal Criminal Defense Attorney
So, if possible, hire a skilled, experienced and hardworking Salt Lake City Federal Criminal Defense Attorney. James Esparza can help. From decades of practice, James Esparza has learned how to dismantle a federal drug case. Salt Lake City Federal Criminal Defense attorney James Esparza can challenge the evidence on the grounds of an illegal search and seizure, insufficient evidence, inconsistent eyewitness testimony, or lack of physical evidence. If a confidential informant is involved in the case, he knows how to challenge the credibility of the witness.
When facing federal drug charges make the correct choice in a the Federal Criminal Defense Attorney you hire. Salt Lake City Federal Criminal Defense Attorney James Esparza is one of the most experienced and successful federal criminal defense attorneys in Salt Lake City, Utah. He has helped many individuals and families create a defense to federal drug charges. For a confidential strategy session on how we can help you or your loved push back against federal drug charges call James at 801-272-9100.
Federal Drug Charges
Drug charges can be charged in either Federal or State Court. Whether the drug crime is charged in Federal Court depends on the unique facts of the case. However, federal drug charges typically occur when:
- There is importation of the drugs into the United States.
- There is interstate transportation of the drugs across state lines, also known as drug trafficking or drug pipeline case.
- Using the U.S. Postal Service or other private companies to facilitate the distribution or transportation.
- Where there is an ongoing criminal enterprise.
- Where the amount of the substance involved is considered large.
- Where the drug possession or distribution is committed on federal property.
- The presence of guns at the time of detention, arrest or observation.
- Whether the arrest or investigation is led by a federal law enforcement agency and joint federal state drug task force.
- Whether physical harm occurs to someone during the drug distribution or importation.
- Even planning in some circumstances can be enough to charge someone with a federal drug charge
Possession With Intent to Distribute
If you or a loved one has been indicted for possession with the intent to distribute a controlled substance in the United States District Court, you need an experienced federal criminal defense attorney. An attorney that will work hard for you and create a defense that is tailored to the facts of your case.
Most federal drug charges involve section 21 U.S.C. 841(a)(1). The section reads: it shall be unlawful for any person to knowingly or intentionally – (1) to manufacture, distribute, or dispense, or possess with the intent to manufacture, distribute, dispense, a controlled substance; or (2) to create, distribute, or dispense, or possess with the intent to distribute or dispense, a counterfeit substance.
Federal Criminal Penalties
The penalties for a 21 U.S.C. 841(a)(1) violation is dependent on the type of controlled substance involved, such as Heroin, PCP, LSD, Crack Cocaine, Cocaine, Marijuana, Methamphetamine, or Fentanyl and the amount (weight). For example, typically a person convicted for violating 21 U.S.C. 841shall be sentenced to a prison term not less than ten (10) years or more than life and if death or serious bodily injury results for from use of such substance then the sentence is increased. Also, if a firearm is involved the sentence is enhanced for the separate offense of possession of a firearm.
Finally, possession of chemicals that are used to make any of the prohibited substances falls into this category.
The list is comprehensive and the penalties harsh.
What Are the Differences Between State and Federal Drug Charges?
The primary difference between federal drug charges and state drug charges is the severity of the penalty. Typically, federal drug charges carry severe prison sentences, most likely a mandatory minimum sentence in a federal prison. Thus, the stakes are high if you or your loved one has been charged with a federal drug charge or facing an indictment for a federal offense. In such a situation you need an experience federal criminal defense attorney.
Also, federal criminal investigations are vastly different than state investigations. Law enforcement agencies responsible for the investigations of federal crimes are well funded and are handled by experienced agents with vast resources to use in the investigation.
Federal prosecutors are also well trained with unlimited resources and are part of the largest law firm in the world – the United States Attorney’s Office. Federal prosecutors have a great deal of discretion on how they charge a case. Thus, it is important that once you find out you are the subject of a federal investigation that you act quickly to obtain competent federal criminal defense attorney.
How to Establish a Defense to a Federal Drug Charge
Initially, selecting an experienced attorney that knows how to defend you or your loved one is the first step. Interview several attorneys and see if the attorney is one that you and your loved one can work with over an extended period. Ask questions!
Our process is a step-by-step approach. First, we want to get involved early, hopefully before you or your loved one is indicted. Second, we want to get prepared for the detention hearing by getting to know you, obtaining employment information, establishing your ties to the community, discussing a property or signature bond with you and your loved ones. We want to gather information about you so that we can speak with the United States Probation Department and assist them in writing a favorable Detention Report. Third, we begin our investigation using your version of facts that led you to be in Federal Court. Fourth, we develop a strategy for what works for you. Once the strategy is developed, we can evaluate what Pretrial Motions we can file to exclude evidence and break apart the government’s case against you. Sometimes despite our best efforts the evidence is overwhelming. When this occurs, your defense team will explore negotiating a plea disposition which results in you getting out of the federal system as soon as possible.
If you need help creating your defense to federal charges call our law firm for a review of your case. The consultation is confidential and there is no obligation.
Our Salt Lake City federal criminal defense team represents individuals and businesses in Utah, Illinois and nationwide against federal investigations, grand jury subpoenas and federal criminal charges. We can help you or your loved one. Don’t hesitate. Call 801-272-9100 for a free confidential strategy session.
Salt Lake City Federal Criminal Defense Attorney
Federal drug offenses carry mandatory minimum prison sentences upon conviction. It is for these reasons that you need a qualified competent federal criminal defense attorney. James Esparza will pursue every single defense on your behalf. Call James Esparza at 801-272-9100 for a confidential consultation. We can help.