EXPERIENCED FEDERAL CRIMINAL DEFENSE ATTORNEY
If you have been charged in federal court with a drug offense, you need an experienced federal criminal defense attorney on your side. My office will defend you at every stage of your case. Federal drug charges are often subject to mandatory minimum sentences, which require a minimum term of imprisonment, regardless of a person’s prior criminal record.
The First Step Act, passed by Congress in 2018, significantly reformed sentencing in drug cases. If you have been charged with a federal drug crime, you must hire an attorney that is familiar with the First Step Act, and the ways in which it can help improve your chances for a better outcome.
Most drug laws can be found in Title 21 of the United States Code. The penalties for federal drug crimes are determined by 1) the type of drug (*i.e., cocaine, heroin, crystal methamphetamine, etc.) and 2) the quantity of drugs (*i.e., 280 grams, 1 kilogram, or a converted drug weight, etc.) that is either seized or “reasonably foreseeable” to the person charged.
Possession With Intent to Distribute [21 U.S.C. § 841]
For a person to be found guilty of possession with intent to distribute a controlled dangerous substance (*i.e., illegal narcotics) The government must prove:
- That the defendant knowingly possessed a controlled dangerous substance.
- That the defendant possessed* the controlled dangerous substance in question.
- That possession of the controlled substance was with the intent to distribute. *
(i)Regarding the second element, it is not necessary for the government to prove that the defendant held or possessed the controlled substance, but can be proven by “constructive possession” (when the defendant has the power to exercise control and dominion over the drugs)
(ii) Regarding the third element, it may be established by those with personal knowledge of relevant activity or plans, or can be inferred by other factors including drug quantities, packaging, whether the drugs were hidden or if large amount of cash were found)
Drug Conspiracy [21 U.S.C. § 846]
For a person to be found guilty of a drug conspiracy, the government must prove:
- That there was an agreement between two or more persons to engage in conduct that violate s a federal drug law.
- That the defendant knew of the conspiracy*; and
- That the defendant knowingly and voluntarily became a part of the conspiracy
(i)The evidence need only establish a slight connection between a defendant and the conspiracy to support a conviction. The defendant does not need to have knowledge of his coconspirators or the entire details of the conspiracy.
Continuing Criminal Enterprise [18 U.S.C. § 848]
For a person to be found guilty of this charge the government need to establish:
- The defendant committed a felony violation of the federal drug laws.
- The violation was part of a continuing series of violations of the drug laws.
- That the series of violations were undertaken by the defendant in concert with five or more persons.
- That the defendant served as an organizer or supervisor, or in another management capacity with respect to these other persons; and
- That the defendant derived substantial income or resources from the continuing series of violations.
CONTACT WASHINGTON D.C. AND MARYLAND FEDERAL CRIMINAL DEFENSE ATTORNEY
If you have been charged in a drug case in federal court, contact me immediately.
Connect with me at 202-321-0549 or via email to schedule a free consultation. I am available 24/7 to assist you in any way possible to help obtain a favorable outcome.