DEA Defense Lawyers
DEA Defense Lawyers
Since the early 1970’s, the federal government has been fighting an ongoing battle to eliminate the illegal sale, purchase and use of drugs designated illegal. This includes substances like heroin and other opioids, cocaine, methamphetamine and even marijuana in most states. The government agency responsible for this drug enforcement is the DEA, or Drug Enforcement Agency, and it is part of the federal government. Any drug charge that involves the DEA should be taken seriously. It is imperative to retain a good criminal defense attorney that has experience in these types of federal drug trafficking charges or other types of drug cases.
The stakes are much higher when individuals are charged with a federal drug crime. The mandatory sentencing regulations are much higher than a state or local drug charge in the majority of cases. However, New York City residents should also be aware that a main office of this federal drug agency is right in the city. It is common for local drug cases to be taken over by federal agents who were likely monitoring the drug activity that could have led to the arrest. In either scenario, the best action that the accused individual can take is to call a qualified criminal lawyer skilled in major drug crime representation.
Proper Search and Seizure
Much of the case against the accused drug trafficker is typically based on evidence that law enforcement officers obtained during a raid or at the time of arrest. Often, a known drug abuser could be monitored if federal agents are trying to bust higher up players. Law enforcement agents need the proper search warrant prior to searching someone’s private home, person or property. There are strict rules that the officers need to follow in the process of collecting incriminating evidence against the suspect. A trained criminal defense attorney will seek to find improper search and seizure activities by the police.
Proving this can get that evidence thrown out. The charges could be dropped, or in the more common case where the agents do have substantial amounts of evidence, the attorney will seek a lesser charge and/or lighter sentencing on behalf of their clients. City residents should be aware that these federal drug charges could be filed against them even if what the person is caught with is their personal stash of marijuana. If the amount is enough, the agents will enforce those stiffer charges especially if the suspect has a connection to major drug traffickers that they are targeting.
Medical Professionals at Risk
With the nation concerned about the opiod crisis, medical doctors and other professionals are also at risk of severe drug charges that could end up with the convicted person losing his/her medical or health related license. DEA agents often investigate medical practices that potentially could be involved with illegal drugs getting onto the street. These drug enforcement agents will monitor how patients get their prescriptions for the drug, how they pay, whether the doctor actually sees the patient and so on. This is why it is essential that any doctor, pharmacist or other health professional being investigated for illegal or improper distribution of drugs to contact an attorney that is qualified to represent these sorts of criminal cases.
Experienced Defense Attorneys
Top criminal attorneys know that some individuals in law enforcement and other governing agencies will use tactics and methods not quite on the level to prove their cases. When searching for the right lawyer, hiring one that has actual experience in working for the prosecution side can be very helpful when charged with this type of criminal offense. Innocent people that are told that they are just having a chat with police should be wary.
At the first sign that a person is under suspicion of anything related to drugs, they should ask for a criminal defense attorney. By law, at that point, the officers must allow the suspect to call an attorney and cease questioning the person. Retaining a criminal defense attorney knowledgeable regarding drug prosecution cases can mean the difference between jail time or having the case dropped or at least lowering the penalties. A drug charge can affect more than just the person charged. Entire families can find themselves facing prejudice. Visit https:www.nyccriminalattorneys.com for more information.
DEA Defense Lawyers
The unfortunate reality is that doctors may believe that they are working within the realm of the law, but one false step could send them to jail with a felony conviction. The U.S. Drug Enforcement Agency actively monitors physicians and others who write prescriptions for controlled substances. Whether a violation of the Controlled Substances Act or other laws is intentional or negligent, that individual may also lose his or her DEA Registration. This means that the individual no longer has the authority to prescribe controlled substances.
Many doctors practice medicine with a high level of anxiety. They are aware that a single misunderstanding or error could have far-reaching consequences for them and for their practice. What can you do to protect yourself against potential DEA actions and to reduce related anxiety? Hiring a DEA defense lawyer today could be a smart step to take.
A Closer Look at DEA Enforcement Action
The Drug Enforcement Agency is given a wide path to walk when pursuing alleged violations. These actions range from DEA raids to audits and inspections. When the DEA believes that wrongdoing has occurred, numerous potentially devastating outcomes may be pursued. These include the request that you voluntarily surrender your Certification of Registration to prescribe controlled substances. Otherwise, the DEA may suspend or revoke the certificate even if you do not surrender it voluntarily.
There are also several other potential outcomes. For example, you may be required to pay a monetary fine. You may be placed on probation, or you may have to deal with a suspended medical license. If this happens, you may face a special hearing with your state’s licensing board. Criminal charges can also be filed, and this can lead to a lengthy battle in courts and possible imprisonment.
How to Manage DEA Oversight and Potential Discipline
Living in fear of the DEA can be overwhelmingly stressful, and this stress can be mitigated when you prepare yourself for the possibility of an investigation, an audit and other potential actions. Do your best to follow all aspects of the law, and consult with your lawyer when you are unsure about potentially gray areas.
Many medical practices are audited every few years. As soon as you become aware of a potential audit or inspection, obtain legal representation. By doing so, you may prevent misunderstandings and other issues that ultimately could result in serious issues. In the meantime, avoid admitting fault and surrendering information before consulting with your DEA lawyer.
Triggers for DEA Enforcement Actions
The DEA may arrive at your door for an audit for any number of reasons. Some of these reasons are a routine audit or a random inspection. In some cases, audits are triggered by red flags in your prescribing patterns, by an anonymous tip and because of other similar reasons.
The DEA maintains jurisdiction over criminal offenses like drug diversion, drug trafficking, improper drug labeling practices, filing violations and prescribing meds to an addict. In addition, conspiracy to dispense, distribute and possess a controlled substance are included in the DEA’s jurisdiction.
What Your Defense Lawyer Can Do
You can and should contact a DEA defense lawyer when you are unsure about how some steps may be viewed in the eyes of the law. Your lawyer can also help you to avoid missteps during an inspection or audit. This may prevent an unnecessary investigation and stressful allegations. In the event that you are under investigation, your attorney may use defense strategies during negotiations, hearings and more. In the process, your attorney may help you to protect your professional reputation, avoid criminal charges, maintain your licensing status and take advantage of other essential benefits.
DEA issues we can help with
DEA Applications and DEA Denials, DEA Audits and Inspections, DEA Compliance and Defense, DEA Investigations Against Doctors, DEA Letter of Admonition, DEA Surrenders, DEA Suspensions and Revocations.
Contact Us Today
The time to connect with a DEA defense lawyer is as soon as you are aware of a developing issue. To inquire about our defense services and to request a consultation, contact our office today.
If you are a medical provider and have received a target letter from the DEA, it is important to seek experienced legal counsel immediately. The target letter may be followed by an administrative hearing before the DEA’s Office of Administrative Law Judges. If you fail to take action, your controlled substance registration may be suspended or revoked.
The DEA was established in 1973, and its headquarters is located in Arlington, Virginia. The agency has offices in all 50 states and Puerto Rico. The DEA employs approximately 5,000 special agents and 2,000 intelligence analysts. The Drug Enforcement Administration (DEA) is a federal law enforcement agency that is responsible for enforcing the Controlled Substances Act (CSA). The CSA establishes schedules for controlled substances, which are drugs and chemicals that have a high potential for abuse. The CSA also prohibits the manufacture, distribution, and dispensing of controlled substances unless authorized by the DEA. The DEA investigates suspected violations of the CSA and works with state and local law enforcement agencies to prevent drug trafficking.
The DEA conducts routine audits of medical offices to ensure compliance with the CSA. These audits can be triggered by a complaint or information received from another source. During an audit, agents will review medical records to determine whether doctors are prescribing controlled substances in accordance with federal law. Agents may also interview staff members and review financial records to determine whether doctors are billing Medicare or Medicaid for services related to controlled substances. If agents believe that a doctor has violated the CSA, they may refer the case to state licensing boards or federal prosecutors for further investigation.
What Are My Rights if I Am Contacted by DEA Agents?
If you are contacted by DEA agents, you should immediately consult with an attorney who has experience representing clients in matters involving the DEA. You have the right to remain silent and should not answer any questions without first consulting with your attorney. You should not allow agents to search your office without a warrant or your consent. If agents obtain a warrant, you should request a copy of it before allowing them to conduct a search of your office. You should not sign any documents without first consulting with your attorney. If you are arrested, you have the right to remain silent until you have spoken with an attorney.
What Are the Consequences of Violating the Controlled Substances Act?
The CSA establishes schedules for controlled substances, which are drugs and chemicals that have a high potential for abuse. The CSA also prohibits the manufacture, distribution, and dispensing of controlled substances unless authorized by the DEA. The DEA investigates suspected violations of the CSA and works with state and local law enforcement agencies to prevent drug trafficking.
If you are convicted of violating the CSA, you could face up to 20 years in prison and a fine of up to $1 million. If you are convicted of manufacturing or distributing controlled substances, you could face up to life in prison and a fine of up to $20 million. If you are convicted of dispensing controlled substances, you could face up to 10 years in prison and a fine of up to $500,000. The penalties for violating the CSA depend on the type of drug involved, the amount of the drug, and whether the person has a prior criminal record. A first offense for manufacturing, distributing, or dispensing a controlled substance can result in a prison sentence of up to 20 years and a fine of up to $1 million. A first offense for possessing a controlled substance can result in a prison sentence of up to one year and a fine of up to $5,000. A person with a prior criminal record can be sentenced to up to twice the maximum prison sentence and fined up to twice the maximum fine.
What Is an Order to Show Cause?
An Order to Show Cause is a formal notice from the DEA that an individual or entity is being considered for disciplinary action. The order will state the reasons for the proposed disciplinary action and provide a date by which the individual or entity must respond. The order may also require the individual or entity to appear at a hearing on a specified date.
The DEA has many enforcement tools available, including revocation of registration, suspension of registration, civil monetary penalties, and denial of applications for registration. The agency may also issue cease and desist orders, which are orders that prohibit individuals from continuing their illegal activities.
If you have received an Order to Show Cause from the DEA, you should consult with an experienced attorney as soon as possible. An attorney can help you understand your rights and options and determine how best to respond to the order. In some cases, it may be possible to negotiate a settlement with the DEA that avoids disciplinary action altogether. In other cases, it may be necessary to defend against the proposed disciplinary action in court. An attorney can help you navigate this process and protect your interests throughout.
What Are Some Reasons Why I Might Receive an Order to Show Cause?
There are many reasons why you might receive an Order to Show Cause from the DEA. Some common reasons include:
- The failure to comply with federal drug laws;
- The failure to comply with state drug laws;
- The failure to comply with the terms of your registration;
- The illegal distribution of controlled substances; and
- The illegal manufacture of controlled substances.
If you have received an Order to Show Cause from the DEA, you should consult with an experienced attorney as soon as possible. An attorney can help you understand your rights and options and determine how best to respond to the order. In some cases, it may be possible to negotiate a settlement with the DEA that avoids disciplinary action altogether. In other cases, it may be necessary to defend against the proposed disciplinary action in court. An attorney can help you navigate this process and protect your interests throughout.
What Are Some Possible Outcomes of an Order to Show Cause?
If you have received an Order to Show Cause from the DEA, you should consult with an experienced attorney as soon as possible. An attorney can help you understand your rights and options and determine how best to respond to the order. In some cases, it may be possible to negotiate a settlement with the DEA that avoids disciplinary action altogether. In other cases, it may be necessary to defend against the proposed disciplinary action in court. An attorney can help you navigate this process and protect your interests throughout.