What Is Drug Smuggling?

Drug smuggling is the act of transporting drugs from one area to another. Marijuana, methamphetamine, MDMA, heroin and cocaine are the drugs that are often smuggled. Drugs can be smuggled inter-state, inter-region and inter-country. Drug smuggling carries harsh penalties. If there were children or weapons involved, then the punishment will be even harsher.

Is Drug Smuggling the Same Thing As Drug Trafficking?

The answer to that question is yes. The terms are often used interchangeably. Purchasing, delivering, importing, transferring and transporting are some of the things that can be classified as drug trafficking.

How Does Drug Smuggling Occur?

Drug smuggling occurs when a large amount of drugs are taken from one place to another. If a person tries to take drugs into another country, then this can also be classified as drug smuggling. The following are specific examples of drug smuggling.

• Giving drugs to another person
• Advertising drug sales
• Mailing drugs
• Coordinating drug trafficking

The Penalties for Drug Trafficking

The penalty for drug trafficking will depend on the type of drug and the specific offense. If you traffic marijuana, then you can spend three to 15 years in prison. You could also be ordered to pay a $200,000 fine. You could spend anywhere from 10 to 25 years in prison if you traffic heroin. You could also be forced to pay a $500,000 fine. New Jersey has its own laws regarding drug trafficking. However, drug trafficking can also be prosecuted by the federal government. It is important to note that if you are prosecuted at the federal level, then you may face a harsher punishment.

Your Rights Are On the Line

Jail time and fines are not the only punishments that you can get if you traffic drugs. You may lose the following rights if you are convicted of drug smuggling.

• Your right to federal and state benefits.
• Your assets that have been connected to drug trafficking.
• Your right to citizenship if you are trying to become a naturalized citizen.

The Defenses That Can Be Used for Drug Smuggling

Motion to Suppress

You can argue that the police officers did not have probable cause to search your car or home. If the police officer searched you without your consent or a warrant, then it is possible that the evidence will be thrown out.

Lack of Knowledge

The prosecutors have to be able to prove that you knew that the drugs were in your possession. Here is an example of how the lack of knowledge defense can be used. You were driving a rental car, and there were drugs hidden in the glove department. The prosecution will have to be able to answer the following questions.

• Is there anything in the car that ties you to the drugs? Was your fingerprints or DNA on the drugs? Is there a confidential informant?

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Not for Human Consumption

You won't automatically be convicted of drug trafficking if you had a legitimate reason for having the drugs in your possession. For example, if you were delivering medication to a pain clinic, then you were not doing anything illegal.

Affirmative Defense of Entrapment

When a police officer or government official coerces you into doing something, this is referred to as entrapment. You are the victim. That is why it is common for people who are a victim of entrapment to get all of their charges dropped.

Mitigation

Drug traffickers often take advantage of innocent people. You could end up being one of those people. You can downplay your role in the crime.

Why You Need the Help of A NJ Drug Smuggling Attorney

Drug smuggling is a crime that the courts take seriously. Not only can you be charged a hefty fine and be forced to serve time in prison, but you could also lose your rights. That is why it is important for you to call an attorney as soon as possible. Prosecutors are known for coming down hard on people who have been convicted of drug trafficking. However, our attorneys can put together the best defense possible. They will also provide you with the best legal advice possible.