24/7 call for a free consultation 212-300-5196

AS SEEN ON

EXPERIENCEDTop Rated

YOU MAY HAVE SEEN TODD SPODEK ON THE NETFLIX SHOW
INVENTING ANNA

When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

Client Testimonials

5

THE BEST LAWYER ANYONE COULD ASK FOR.

The BEST LAWYER ANYONE COULD ASK FOR!!! Todd changed our lives! He’s not JUST a lawyer representing us for a case. Todd and his office have become Family. When we entered his office in August of 2022, we entered with such anxiety, uncertainty, and so much stress. Honestly we were very lost. My husband and I felt alone. How could a lawyer who didn’t know us, know our family, know our background represents us, When this could change our lives for the next 5-7years that my husband was facing in Federal jail. By the time our free consultation was over with Todd, we left his office at ease. All our questions were answered and we had a sense of relief.

schedule a consultation

Blog

How to Fight Federal Conspiracy with Intent to Distribute Drug Charges?

March 21, 2024 Uncategorized

One of the most common charges brought by the Department of Justice when federal charges are brought against an individual is a conspiracy. In the 1980s, the war on drugs was at its height and led to Congress changing the rules and regulations surrounding the laws that are used to bring more people to justice. Many activists have stated the introduction of the Federal Sentencing Guidelines and strict punishments for drug offenses have led to a major increase in the federal prison population to become the largest in the U.S. Conspiracy to distribute drug charges are amongst the most difficult to defend but defense can be mounted by an experienced and qualified attorney.

What are Federal Conspiracy with Intenet to Distribute Drug Charges?

When an individual is arrested for their part in a conspiracy to distribute drugs there can be a range of areas to be explored by the defendant and their legal team. One of the main issues being faced is the wide nature of the charge that deals with the planning and preparation through to the execution of distributing drugs. For the charge to make its way to a court and result in a prosecution is successful, the Federal Government must prove several things:

  • Two or more people had active knowledge of the plot to commit a crime
  • Both parties agreed to work together
  • Significant steps were taken to move the plan ahead

When a federal prosecutor brings a conspiracy with intent to distribute drug charges to court they tend to bring a large amount of information to any hearing. One of the main reasons this charge is so popular with prosecutors is that it allows a wide range of evidence to be introduced that is outside the limits of more focused drug charges.

The Prosecution’s Responsibility

One of the most important aspects of any conspiracy case is the need for the prosecution to show the defendant took significant steps to move the planned crime forward. In theory, simply looking online for the materials needed to complete the distribution of drugs after discussing the crime with another person would be enough to bring about a prosecution. However, in general, the Federal authorities are more intent on finding those who are actively taking part in developing a network to distribute drugs meaning the significant step term was introduced. This can mean goods must have been bought or drugs purchased with the knowledge of the defendants and their active involvement.

Possession Laws are a Major Part of a Conspiracy

There are a few different types of conspiracy charges that can be brought to court with the importing of controlled substances, distribution, and manufacturing of drugs all being fairly straightforward to prove. The final form of a conspiracy can be more difficult with the possession with intent to distribute drugs is a case that must be proven with a large amount of evidence often leading to the introduction of conspiracy charges. For this charge, a prosecutor will introduce lots of evidence from wiretaps and other areas that show the purchase of scales, baggies, and other items was completed to assist in the future distribution of illegal substances.

How a Defense Works?

The issue of defending a person who is charged with a Federal conspiracy with intent to distribute drugs is often based around the ability of the lawyer to find problems with the evidence placed before them. A defense against a conspiracy charge can be difficult with the Federal Government usually believing they have enough evidence to bring a conviction before the case reaches court with a conviction rate above 90 percent.

The first step for any defense attorney is to assess the reasons why an individual was arrested for conspiracy and examine the available evidence. In many cases, the arresting agency assume a person is involved in a crime without collecting the correct evidence to prove so. Even in a case where guilt has been proven, there could be a chance for an experienced defense attorney to lower the charges or to find procedural issues that lead to a case being dismissed.

Lawyers You Can Trust

Todd Spodek

Founding Partner

view profile

RALPH P. FRANCHO, JR

Associate

view profile

JEREMY FEIGENBAUM

Associate Attorney

view profile

ELIZABETH GARVEY

Associate

view profile

CLAIRE BANKS

Associate

view profile

RAJESH BARUA

Of-Counsel

view profile

CHAD LEWIN

Of-Counsel

view profile

Criminal Defense Lawyers Trusted By the Media

schedule a consultation
Schedule Your Consultation Now