How Do Federal Drug Charges Get Initiated in New York?

How Do Federal Drug Charges Get Initiated in New York?

Federal drug charges in New York can start in a few different ways. Here’s an overview of the main ways it happens:

Undercover Operations

Federal agencies like the DEA and FBI run lots of undercover operations to catch people selling drugs. An undercover agent will try to buy drugs from someone to get evidence for an arrest and charges. This happens a lot in New York to catch drug rings and gangs.

For example, in a big case in 1985, federal agents gathered evidence about a “commission” of 5 mafia families that governed organized crime and drug trafficking in NYC. They used wiretaps and informants to build a case and indict 9 defendants [1].

Cooperating Informants

Another way charges start is when someone who got arrested agrees to give information about other criminals to get a lighter sentence. These informants make controlled buys or wear wires to get evidence on drug dealers. Prosecutors use this to work up the chain to bigger targets.

Like in 2007, a crack cocaine ring in Brooklyn got busted because some dealers testified against their suppliers and bosses. 9 people got charged in the conspiracy [2].

Local Police Investigations

Investigations by NYPD or state police sometimes uncover major drug trafficking that crosses state lines. If drugs are moving from other states into NY, it becomes a federal case. The local agency will partner with the DEA or FBI to develop the case into federal charges.

For example, NYPD might arrest someone like a courier or dealer. If that person cooperates and implicates their suppliers in another state, it could lead to federal conspiracy and distribution charges against the whole network.

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Federal Drug Laws and Agencies

The main federal laws used for drug prosecution are the Controlled Substances Act and Controlled Substances Import and Export Act. These laws make it illegal to make, sell, or transport various drugs like cocaine, heroin, meth and prescription drugs.

The DEA and FBI have lead roles in enforcing federal drug laws. U.S. Attorneys in each district are the prosecutors who bring charges and trials [3].

Federal drug cases often focus on trafficking and distribution instead of simple possession. Minimum amounts, called “weight thresholds”, determine if state or federal charges are pursued:

• Heroin: 100+ grams
• Cocaine: 500+ grams
• Meth: 50+ grams
• Marijuana: 22+ pounds

Amounts above these limits lead to harsher federal penalties and charges like “intent to distribute”.

Treatment Instead of Prison

For some federal drug offenders, treatment is an alternative to prison. Programs like drug court and deferred prosecution agreements require completing rehab and staying clean instead of jail time.

The federal system also has Opioid Treatment Programs that provide methadone and therapy. Guidelines let judges sentence certain offenders to treatment [4].

Defenses and Challenges

Fighting federal drug charges starts with examining if proper procedures were followed in the investigation, like with warrants and informant testimony. Violations of rights could lead evidence to get thrown out.

Beyond that, common defenses argue things like:

• The drugs were “planted” by police
• The defendant was entrapped
• Someone else possessed or distributed the drugs
• The defendant was just present, not involved

Skilled federal defense lawyers know how to exploit flaws in the prosecution’s case and hold them to strict standards of proof. But federal drug convictions often end in multi-year prison sentences and steep fines. So the risks make cooperation deals tempting despite their demands.

For more help understanding federal drug charges in NY, contact a dedicated defense lawyer in your area.

[1] [2] [3] [4]