what attorney beat federal drug cases

What is a federal drug case?

Sep 20, 2020 · Tips for Beating Federal Drug Charges. If you are wondering how to beat federal drug charges, the very first thing you should do is speak to an experienced criminal defense lawyer who has a reputation for successfully representing clients in federal court. The outcome of a federal drug case can have a significant impact on the rest of your life, and you don’t want to …

Who is the best federal criminal defense attorney in the US?

Oct 20, 2021 · At Oberheiden P.C., we represent individuals who are facing charges for serious drug crimes in federal district courts across the country. We also represent individuals who are under investigation by the Drug Enforcement Administration (DEA), the Federal Bureau of Investigation (FBI), and other agencies.

Why hire our Atlanta criminal defense attorney firm?

Jul 12, 2020 · So, there’s a number of ways to beat the 10-year mandatory minimum in a federal drug conspiracy. You’ve got to sit down with somebody like me who’s been doing this for 26 years. We’ll look at your entire case and we’ll make the appropriate moves so you can get the lowest possible sentence.

Can a federal criminal defense attorney win a not guilty verdict?

Feb 14, 2018 · Federal Drug Defense Attorneys. In 2017, the FBI estimated that there were 1.6 million people arrested for drug crimes. Many of those were federal drug cases while some stayed at the local level. But why were some individuals treated differently than others?

How do you beat the Fed case?

Tips for Beating Federal Drug ChargesTake Note of the Charges Against You. ... Hire a Reputable Drug Crimes Defense Lawyer Right Away.Do Not Cooperate with the Government Before Consulting a Lawyer.Review the Prosecution's Evidence. ... Put Together a Compelling Defense.Contact Our Legal Team for a Free Consultation.

What is a federal drug conspiracy?

In criminal law, a drug conspiracy is an agreement between two or more people to commit a drug-related offense, and drug conspiracy charges can be brought in federal court if the conspiracy to commit a drug crime is in violation of federal drug law.

What is calculated criminal drug conspiracy?

In order to be charged with calculated criminal drug conspiracy, a person must have received something of value in excess of $500.00, act as a financial resource for the conspiracy, or act in a position of leadership over the acts of the conspiracy.

What is conspiracy to distribute a controlled substance?

["To distribute" means to deliver or transfer possession of [specify controlled substance] to another person, with or without any financial interest in that transaction.] A conspiracy is a kind of criminal partnership—an agreement of two or more persons to commit one or more crimes.

Can you beat a Fed case?

There are three main ways in which a federal criminal case can be resolved: the charges can be dismissed, the prosecution and defense can negotiate a plea bargain, or the case can proceed to trial.

How long can the feds watch you?

Statute of Limitations in Federal Crime Cases For most federal crimes, the statute of limitations is five years. Bank fraud has a statute of limitations of ten years. Immigration violations and arson are also subject to a ten year limit.

What are the requirements of a criminal conspiracy?

A criminal conspiracy exists when two or more people agree to commit almost any unlawful act, then take some action toward its completion. The action taken need not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law.Jun 2, 2020

What is the mandatory minimum sentence for drugs in the US?

What are mandatory minimum sentences?Type of drugFive Year Sentence Without ParoleTen Year Sentence Without ParoleLSD1 gram10 gramsMarijuana100 plants/100 kilos1000 plants/1000 kilosCrack cocaine5 grams50 gramsPowder cocaine500 grams5 kilos3 more rows

How can a drug trafficking charge be dismissed?

If you can establish that the search was illegal, or even that the drugs were planted on you by the police themselves, your charges will be dismissed for reasons of incompetence or corruption. Evidence of corruption could also include threats of violence, faking evidence, or ignoring proper procedures.Jul 2, 2021

What is conspiracy with intent to distribute?

When a person has been charged with “Conspiracy to Possess with Intent to Distribute” there are usually multiple violations that have occurred. This charge means the defendant played an active role along with another person in the planning of possessing or distributing an illegal controlled substance.

Is conspiracy a felony in Texas?

Criminal Conspiracy Penalties in Texas A criminal conspiracy offense is classified as being one category lower than the most serious felony that is the object of the conspiracy. If the most serious felony that is the object of a conspiracy is a state jail felony, then the offense is classified as a Class A misdemeanor.

What is the federal drug case?

Federal drug cases are unique in that the federal government has the resources and manpower necessary to build its case over time and continue collecting evidence until they believe they have enough to get a conviction, especially in cases that involve a large amount of drugs or money or a large group of people.

What is the difference between a federal drug case and a state case?

Federal drug cases differ from state cases in many ways, perhaps most importantly in the severity of the consequences resulting from a conviction, but one thing they have in common is the prosecution’s burden of proof. Just like in any state case, the prosecution in a federal drug case must prove the defendant’s guilt beyond a reasonable doubt in order to get a conviction.

How long do you have to go to jail for a drug charge?

Federal drug charges carry severe, lifelong penalties upon conviction, possibly including years or decades in federal prison or even life imprisonment, plus thousands if not millions of dollars in fines.

What happens if you are arrested for a drug?

A conviction for a federal drug crime can have a significant impact on virtually every aspect of your life, including your freedom, your job prospects, your rights, your personal relationships, and your future.

What are the federal drug crimes?

While many drug crimes are state-level offenses, federal authorities handle cases involving serious and large-scale drug-related offenses. From trafficking and distribution of marijuana, cocaine, heroin, and other illegal drugs to the diversion of prescription opioid medications, federal authorities have multiple drug-related law enforcement priorities, and the Controlled Substances Act (CSA) and other statutes impose steep penalties for a broad range of crimes.

What is the federal drug conspiracy statute?

The federal drug conspiracy statute, 21 U.S.C. Section 846 , is a key weapon in the DOJ’s arsenal for fighting the war on drugs. It allows for the prosecution of multiple individuals under a wide range of circumstances (including circumstances in which no substantive drug crime was committed), and it imposes penalties equal to those for substantive offenses. If you have been accused of participating in a federal drug conspiracy, we can help, but it is important that you contact us right away.

Which agency is involved in the war on drugs?

The DOJ and FBI are also involved in many drug crimes investigations; and, in cases involving prescription drug fraud and diversion, the HHS-OIG may get involved as well.

When are you not guilty of a drug charge?

You are not guilty until a jury renders a guilty verdict in court. Even if you took the steps necessary to commit a federal drug crime, it is still very possible that you have defenses you can use to fend off charges or avoid a conviction at trial.

How long is a drug trafficking sentence?

If it meets that weight and they can prove that you or any of your individuals associated with you are conspiring to traffic drugs and it meets a certain weight, then they can add a 10-year mandatory minimum sentence in reference to any federal criminal prosecution.

Can the government shave time off a sentence?

Also, the government can shave time off your sentence, meaning not only can it let you go below the 10-year mandatory minimum, they can argue to the judge that you should have a certain amount of points shaved off your sentence which is obviously huge in a federal case, because the less amount of points you have, the more likely you are to get a low sentence.

When Do You Need a Federal Drug Attorney?

Laws that govern controlled substances exist at both the state level and the federal level. In some instances, a defendant could be in violation of both a state and federal law. State laws refer to cases that are within the state’s limited geographical area.

When a Drug Crime Becomes a Federal Charge, You Need A Federal Drug Defense Attorney

Federal drug charges will usually result when the offense is deemed more severe or if the offender has a lengthy criminal history.

Differences Between State and Federal Drug Charges

State offenses for first-time offenders are generally determined to be less serious and carry much lighter penalties than federal drug crimes. Because there are a variety of federal mandates that impose mandatory minimum prison sentences, someone convicted of a federal drug crime may face significant time in the Bureau of Prisons.

Defending Federal Drug Charges Requires a Highly Trained Federal Drug Defense Attorney

Defending federal drug charges often requires a multi-tiered strategy.

Federal Drug Charges – Pretrial Release or Detention

In federal court, a defendant’s danger to the community or their risk of flight if released are primary factors judges examine when considering release. Bond hearings in federal court are much different than those in state court. Obviously, no one wants to spend a day in jail.

Plea Bargain vs. Trial For Federal Drug Charges Depend on Your Federal Drug Attorney

The majority of federal drug offenders plead guilty to a reduced charge or to lower recommended sentence than would result from a trial. We do not, however, undertake a plea strategy unless our client wants to.

Richard Carrizales will help you in your time of need

Attorney Richard Carrizales has 33 years of experience defending the rights of clients and providing excellent service and competent legal guidance and advice to our clients.

Federal Government and Criminal Charges in Federal or State Courts

The Federal Government primarily uses task forces that combine law enforcement agents from federal, state and local authorities into a powerful prosecution team.

Property Seizure in Federal Criminal Cases

In most cases, the federal government will typically attempt to seize vehicles, homes, and other valuable property and will actively seek permanent forfeiture of the property through the same federal courts handling their criminal cases and without any clear evidence that the property was purchased by illegal drug proceeds.

Differences Between Federal Criminal Charges and State Criminal Charges

Some of the major differences between federal criminal charges and state criminal charges are that in federal cases, the Federal Sentencing Guidelines are utilized for sentencing purposes and the punishments are much harsher and severe, and less negotiable than in state sentencing.

Federal Sentencing Guidelines

Federal Sentencing Guidelines use mandatory minimum guidelines which for many defendants will impose a harsh sentence that requires a certain mandatory sentence that will advise the federal judge of a minimum sentence that they should not go below.

Call us now for a personal consultation

The Law Offices of Richard Carrizales, P.C. handles a wide range of federal criminal charges and will develop and provide an extensive and professional plan to help you and/or your loved ones if arrested and charged with federal criminal drug charges. The Law Office of Richard Carrizales, P.C.

What makes a case a federal drug case as opposed to a state court drug case?

Answer: Typically, federal drug cases deal with greater quantities of controlled substances and they also deal with drug conspiracies. In other words, larger groups of people allegedly agreeing to traffic and ship, possess with intent to distribute larger quantities of drugs.

Why is it important to hire an attorney with experience in federal court?

Answer: There are a lot of nuances to a federal criminal drug case that you need to have experience with to understand. You need to understand what you’re up against.

How are penalties different for federal drug cases?

Answer: The penalties in state court, they’re usually not mandatory minimums. Or the mandatory minimums, if there are any, are much less. There are harsh mandatory minimums sentences in federal drug cases; there’s a five-year mandatory minimum, potentially a ten-year, a 20-year, and potentially life without parole for federal drug cases.

What makes defending these types of charges challenging?

Answer: What makes it challenging is you have all different types of evidence that’s coming into play: wiretap evidence, video surveillance, GPS tracking, and pen registers, all different types of investigative techniques are used. A lot of it is cutting-edge technology and that makes it interesting to work with.

What goes into developing a good defense?

Answer: As far as developing a defense, I think the investigation is most important. Understanding the relationships between people who are charged. Who has a potential bias to want to do your client harm or say things that are not true? Again, good investigation is the way you develop a defense in those cases.

What are the defenses against federal drug charges?

And there are defenses against federal drug charges: unlawful search and seizures, faulty crime lab analysis, lost or tampered with evidence, drugs that were planted, drugs that belonged to someone else, entrapment, or unintentional blindness that the person was involve in a drug crime.

How many federal prisoners are convicted of drug crimes?

Nothing could be further from the truth. Approximately 55% of all federal prisoners, more than 30,000 of them, stand convicted of federal drug offenses. The U.S. Congress has enacted 38 drug statutes that proscribe penalties ...

What are the consequences of a federal drug conviction?

Beyond the serious risk of severe periods of incarceration, federal drug offense convictions have significant personal consequences. They can disqualify you for a job in the health care industry, government, private security, law enforcement, many areas of the criminal justice system, and any other job requiring a security clearance.

How long do you have to go to jail for drug charges?

Almost all serious federal drug charges carry with them mandatory prison time, most five years or more, along with steep fines and other associated punishments. This is especially true with drug trafficking charges, which come with some of the most severe penalties of any crime.

What is a paid snitch?

Entrapment and the widespread use of unreliable, paid snitches are realities that every zealous criminal defense attorney must be aware of, otherwise corrupted, or even worse, fabricated evidence can make its way before the jury. Paid snitches are inherently unreliable and will often create or alter evidence to support their “work.”

How long did the FBI give flawed testimony?

The Washington Post reported recently that “nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000 …”

What is entrapment defense?

Entrapment is a defense to criminal liability when the defendant was not predisposed to commit the charged crime before the intervention of the government’s agents and the government’s conduct induced him to commit it.

Federal criminal attorneys with over 25 years of success in courts across the country

Page Pate, Jess Johnson, and Tom Church are consistently ranked among the country’s top federal criminal defense attorneys. Together, they have over over 40 years of successful results in federal trials, federal appeals, and post-conviction early release petitions.

Federal criminal defense attorneys who get results

FEDERAL DRUG CONSPIRACY – NOT GUILTY#N#Won a federal criminal jury trial for a client charged with being in a large-scale drug conspiracy. The client was facing mandatory life in prison if convicted. The jury found him “not guilty” on all counts, despite wiretap evidence and the testimony of alleged co-conspirators.#N#(U.S. v. V.W.)

Our Experience in Federal Criminal Cases

Federal criminal investigations and prosecutions are handled very differently than similar criminal cases in state courts. First of all, the law enforcement agencies that investigate federal crimes are generally well-funded and staffed by the most experienced agents and investigators.

We have also helped many people get out of federal prison early

Recently, we have also been very successful helping people get an early release from federal prison. Recent changes in federal law, and Justice Department policies, have allowed us to pursue “ compassionate release ” for inmates serving lengthy sentences at the federal Bureau of Prisons.

Federal Criminal Cases & News

A recent ruling by the Second Circuit Court of Appeals may mark the beginning of a previously foreclosed ...