The federal government has been prosecuting drug trafficking as one of the most serious crimes. Federal statutes are more stringent than state statutes and target larger quantities of drugs. Even for drugs such as marijuana, which may not be so harmful to society, government investigators and prosecutors can file drug trafficking cases. State and local law enforcement agencies have a primary concern to prevent crime from happening. Drug activity and other criminal activities are often connected.
Federal officials see it as similar. However, the crimes associated with drug trafficking and other criminal activity are more severe because of the large amounts involved and potential animosity between rival gangs. Although this is more true in urban areas, both federal agencies and state agencies are eager to address the issue.
While many drug traffickers prefer to transport or store their drugs in rural areas, the biggest players are more likely to make a profit in cities. It doesn’t matter if a defendant is facing federal or state charges, or both, in some cases, it is vital that you have an experienced Federal Drug Trafficking Lawyer representing your case to ensure an equitable settlement.
Federal Charges: Seriousness
Anybody who is charged by the federal Drug Enforcement Agency will be in serious trouble. Small-time drug traffickers are not usually subject to warrants from the federal government. This is typically left to the state and local authorities, which can still pose a serious legal problem in New York. They can, and will, get involved if trafficking involves transporting across state borders. Many of the federal agencies are also located in New York City.
This means that the feds may be monitoring a possible drug trafficking situation, while local officials are also watching. Many times, individuals are first arrested by the state to allow the federal government to take over the prosecution. One level of government charges can be dropped in this situation. This still may not bode well for the defendant because the sentencing guidelines and parole regulations for the two levels are much different. A federal charge will always result in a more severe sentence. Time reduction is often a key issue for those charged with strong evidence. An aggressive New York City criminal lawyer can help you to determine whether the evidence is admissible. A case dismissal or reduction could be achieved by a search and seizure.
Retaining a Federal Drug Trafficking Lawyer
When federal charges are brought against someone, it can be crucial to choose the right legal representative. Ex-prosecutors are a great choice as they know what the federal government needs to prove in order for the case to be valid. They will also immediately see where the government is weakest. Former prosecutors can often be the best legal counsels if they maintain a professional relationship with federal prosecutors. In federal cases, local politics are not important. However, the professional reputation and standing of your New York City criminal defense lawyer can make a big difference in negotiating a reduction or dismissal.
A federal or major felony drug trafficking offense can ruin lives. Solid representation can help limit the damage caused by the charges. Exoneration can be possible if your attorney can show that the government case has no merit or is not at the federal priority level due to various case factors. A defendant facing a serious drug trafficking case is more than just fighting against conviction. They are investing in their future and the future of their families.
Dismissal of Trafficking Cases
New York has some of the most stringent drug laws in America. These laws are complex and include many different types of felonies. There are five types of felonies when it comes to trafficking illegal substances. To be convicted, the prosecution must prove that they possess and know of a controlled drug with intent to sale. This includes drug paraphernalia, such as. glass bongs, glass pipes. New Yorkers may make an offer to purchase illegal substances. This could be enough evidence to prove intent to traffic drugs. It is possible to dismiss such charges in certain situations.
Illegal Search and Seizure
To be convicted on a drug trafficking offense, a person must have their right to due process. This includes lawful search and seizure. This must happen before any arrest is made. An individual who is in possession of illegal drugs in plain sight can have them seized as evidence. They cannot be used for evidence if illegal drugs are found in the trunk of a car after it has been opened without proper legal authority. It doesn’t matter how many illegal drugs were found in the trunk. There is a chance that the charges will be dropped if it can be proved that a Fourth Amendment right was violated.
Drugs that are missing
A prosecutor must produce the drugs that a defendant is accused of trafficking. It is possible that seized drugs can be moved between multiple people before being placed in evidence lockers. There are many reasons why drugs may not be found anymore. A judge can dismiss a case if a prosecutor cannot produce the drugs that were taken during an arrest.
If the court does not have jurisdiction to hear the case, a judgment against someone convicted of drug trafficking may be cancelled. This can also occur if the judge was misrepresented or fraudulently obtained from a prosecutor. If the prosecution knew that the evidence presented during the trial was false, this could be the case. A judgment against a defendant can be vacated if it is proved that they are suffering from a mental disorder or defect. If it is found that the defendant was unable to understand or participate in the legal proceedings, this will occur.
People charged with drug trafficking often claim that they don’t possess the drugs or are unaware they exist in their home. The prosecutor might be asked to show solid evidence that a person accused of drug trafficking had possession or control of illegal drugs. The case could be dismissed if a connection is not established between illegal drugs and the person accused of having knowledge or control over them.
Many law enforcement officers set up sting operations to arrest people involved in illegal drug trafficking. If a law enforcement officer convinces someone to do something they wouldn’t have done in any other circumstances, it could be considered entrapment. It could be considered entrapment if an undercover officer puts pressure on a suspect in order to sell illegal drugs to a third person. If the state supplies the drugs, it is considered entrapment. Drug trafficking charges can be dismissed if the state provides illegal drugs for the crime.
Drugs are Planted
It is always difficult to prove this in court. The sworn testimony of a law enforcement officer is highly valued. Not only is it important to remember that officers will not identify their colleagues as having committed an illegal act. The lawyer of a person can file a motion to a judge asking for the law enforcement department to release the complaint file of the lead officer in the case. An attorney can locate the contact information and names of their client if a judge grants this motion. These people can then be interviewed by an attorney or hired as private investigators.
It is important that a person facing drug trafficking charges listen to their lawyer. These professionals can help you determine the best defense for your individual case. Some legal defenses challenge the facts, evidence, or testimony. Some will include improper procedural errors, seizure violations, and other issues.
What is a Drug Trafficking Accusation?
There are many drug-related crimes out there. It is crucial to know how to differentiate them all. The severity of the penalty and the level of prosecution will depend on the specific charge. We will be focusing on the most serious charge, drug trafficking.
Drug distribution is another term that is commonly used to describe drug trafficking. This refers to any individual who is caught selling, transporting or illegally importing controlled substances that are against the law. This includes heroin, cocaine, methamphetamines and other illegal drugs. Drug trafficking is a complex concept because punishments can be varied. The penalty for a conviction depends on many factors. The penalty depends on the drug involved, its amount and distribution, as well as whether children were the victims. The sentences are usually three to five years in jail and may be extended to life.
Drug Trafficking Classification
It is a felony crime to be accused of drug trafficking. It is a more serious crime than just drug possession. Important to remember that drug possession could lead to a charge for drug trafficking if law enforcement officials believe you intend to sell the drugs. If the person being charged was found with an unusually high amount of drugs at the time they were arrested, this will most likely occur.
It is important to mention that drug trafficking can also apply to those who are found illegally dispensing illegal prescription drugs. This includes sleeping pills and painkillers. The illegal trade in prescription drugs includes products made from hydrocodone as well as other types of pharmaceutical opiates.
Controlled Substances and Their Application to Drug Trafficking
A controlled substance is one that a state or federal government has designated as being under its control. This means that it’s distribution is governed and controlled by a number of laws. It means that anyone selling the substance must have a license and must follow a set of policies and regulations related to its regulated nature. The classification of controlled substances is usually based on a level system, also known as a scheduled system. The more severe the drug trafficking offense will be, the higher the schedule. For example, marijuana is a Schedule 1 controlled substance and cocaine is a Schedule II.