A federal drug charge brought by the Federal Government of the United States can be extremely scary. Having an attorney that has worked these cases with tremendous results is incredibly important.
Don't go down with a bad attorney decision, Matthew O'Connor is a federal drug charges trial attorney with 25 years experience as well as the skills and knowledge needed to have your best chance in court!
federal government is very competent in prosecuting drug crimes, and
can even bring forth backup charges such as conspiracy to attempt to
ensure an individual is prosecuted (even if they didn't handle any drugs
personally). Conspiracy is the act of 2 individuals working together
to commit a crime, therefore; the federal government can bring forth
charges simply because 2 or more individuals made plans or discussed
illicit drug activities.
The government needs to obtain proof that the defendant was conspiring to commit the crime and was aware of the unlawful nature of the crime. This is often times easy to do, and that is why the conspiracy charge is popular with the federal government in case the other charges are dropped.
Types of Federal Felony Criminal Drug Charges
There are 4 major drug crimes listed under 21 U.S.C.§ 841 & 21 U.S.C. § 952:
1. Manufacturing of a controlled substance federal charge in Kansas City, Missouri: Manufacturing of drugs can be as simple as re-packaging of drugs for sale. Growing
plants, making pills from powders, preparing, creating, producing or
extraction of drugs (controlled substances) are all examples of
manufacturing a controlled substance.
2. Distributing a controlled substance federal charge in Kansas City, Missouri: Whether distribution of drugs is by handing the drugs off to another seller, coordinating distribution, mailing illicit drugs or transporting drugs from one location to another. These are all examples of distributing a controlled substance. Overseeing distribution is definitely considered as a distribution of drugs (even if you are not handling the drugs physically).
3. Possessing a controlled substance federal charge in Kansas City, Missouri (Possession): This is often times a crime placed when you are found possessing a drug that you did not have the right to have according to federal laws. For example, if it were a prescription medication; you did not actually have a prescription. This charge is less severe than distribution, however; the charge is often times included with other drug charges.
The government can use prior drug sales, possession of equipment (scales, baggies or other items) or they can look at the amount of drugs you were possessing to determine whether you had the intent to distribute the drugs. If a person is found with 10 kilograms of weed or 5,000 pills, the government will most likely consider the individual as having the intent to distribute (since odds are that is likely in most situations).
4. Importing a controlled substance federal charge in Kansas City, Missouri: This is a pretty direct charge, if you are bringing in drugs to America from Mexico or another country; this is considered importing a controlled substance. Most often this is done by attempting to get around border agents at the entry points in the United States. Another common method of importing a controlled substance would be via airplane, delivery services and thru the dark web.
5. Federal Drug conspiracy federal charges in Kansas City, Missouri: Conspiracy is the result of 2 or more individuals making an agreement knowingly to commit illegal drug acts distributing, selling, importing and or exporting of illegal or illicit drugs.
What are the penalties for federal drug conspiracy charges?
Conspiracy is often times included in charges of manufacturing, distributing, importing and exporting fo drugs. So we will go more in depth in to these charges below.
Marijuana Drug Conspiracy Charges in Kansas City, Missouri
No amount specified: If no quantity is specified in the charges, there is no minimum sentence. However, you can face up to 20 years in prison. If there are additional charges, the sentence can grow.
Over 100 Kilograms of Marijuana: If you are found with at least 100 kilo's of marijuana, there is a mandatory minimum sentence of 5 years with a maximum sentence of 40 years. If there are additional charges, the sentence can grow.
Over 1,000 Kilograms of Marijuana: For over 1,000 kilo's of marijuana, there is a mandatory minimum sentence of 10 years, with a maximum life sentence. If there are additional charges, the sentence can grow.
Cocaine Drug Conspiracy Charges in Kansas City, Missouri (Includes crack cocaine
No amount specified: For
cocaine and/or crack cocaine, if no quantity is specified in your
charges - there is not a minimum sentence. However, you can face up to
20 years in prison for this charge. If there are additional charges, the
sentence can grow.
Over 500 Grams of Cocaine or 28 grams of Crack Cocaine: If you are found in conspiracy of over 500 grams of cocaine, or over 28 grams of crack cocaine there is a mandatory minimum sentence of 5 years with a maximum sentence of 40 years. If there are additional charges, the sentence can grow.
Over 5 Kilograms of Cocaine or over 280 grams of crack cocaine: If you are found in conspiracy of over 5 kilo's of cocaine, or over 280 grams of crack cocaine; there is a mandatory minimum sentence of 10 years with a maximum sentence of life in prison. If there are additional charges, the sentence can grow.
Heroin Drug Conspiracy Charges in Kansas City, Missouri
No amount specified: For heroin, if no quantity is specified in your charges - there is not a minimum sentence. However, you can face up to 20 years in prison for this charge. If there are additional charges, the sentence can grow.
Over 100 grams of Heroin: If you are found with at least 100 grams of heroin, there is a mandatory minimum sentence of 5 years with a maximum sentence of 40 years. If there are additional charges, the sentence can grow.
Over 1 kilograms of Heroin: If you are found with at least 1 kilograms of heroin, there imandatory minimum sentence of 10 years with a maximum sentence of life in prison. If there are additional charges, the sentence can grow.
There are a vast array of other drugs that including opioids or synthetic opioids, including fentanyl as well as fentanyl analogues. They all have unique sentencing guidelines as well, contact an experience federal drug conspiracy charges attorney in Kansas City immediately to learn more.
Possible increases in sentencing for conspiracy charges in federal cases.
Just like simple DUI laws, the sentencing guidelines can be greatly changed and the judge likely adjust sentencing based on a few aggravating factors.
If someone is seriously injured or dies as a result of the drug conspiracy charges, your sentencing risk is greatly increased and will likely be adjusted accordingly if convicted.
If the defendant in the federal conspiracy charges case has prior felony drug convictions, the court will be notified. These prior convictions are taken in to account and will also likely affect the sentencing guidelines. This is another reason that serious cases need a drug conspiracy lawyer to assist with their case!
How do I defend myself in a Federal Drug Conspiracy case?
Matt O'Connor has represented a vast array of clients regarding drug charges, including federal drug related cases. He has over 25 years of experience! You can defend your self using a vast array of tactics, including (but not limited to):
1. False accusation (there was no conspiracy).
2. The person never knowingly or intended to join the agreement.
3. The individual changed their mind and no longer wanted to participate in this illegal activity (and never participated).
4. Evidence is not admissible in your case that can condemn you to a conviction, or important portions of your case could be not admissible making this difficult for the United
States to properly
prosecute your charge. The evidence or confession could have been
collected illegally, which can make certain aspects inadmissible.
5. There are cases that are sometimes thrown out because the agents used too aggressive of tactics to catch the defendant leading to possible entrapment or unreliable admissions.
We have laws that are here to protect individuals and their rights. Our founding fathers believed heavily that individuals have rights and freedoms to privacy that carry over into criminal defense cases. Matthew O'Connor has over 25 years of experience and a stellar record defending clients against drug charges and a variety of other criminal charges.
If someone has a vehicle that is illegally searched without consent, federal agents could find a truckload full of drugs; however - the actual search and seizure (including all the items found) may be inadmissible with the court if they were obtained illegally.
With serious cases such as this, NEVER simply accept a plea agreement. Speak with an attorney immediately after your charges are brought forth so you can understand your rights. Having an attorney by your side from the start can save you years behind bars. You may have a lot more options than you know, or there may be factors you need to be aware of that are unique to your case.
Contact the O'Connor Law Firm for a consultation today to learn your rights and see what advantages you have in your case from an honest and straightforward attorney!
Setup a consultation by calling: 1-816-842-1111