Criminal Defense Lawyers

Will I Go to Federal Prison for Drug Trafficking?

You may have heard horror stories about people facing decades in federal prison for drug trafficking charges. The prospect of a lengthy prison sentence is terrifying, especially if you’ve never been in trouble with the law before. At Spodek Law Group, we understand how overwhelming it can feel to be facing federal drug charges. That’s why we’re here to help.If you or a loved one has been charged with federal drug trafficking, the first thing to understand is that these are extremely serious charges. Drug trafficking is a felony offense at the federal level, and convictions often carry mandatory minimum prison sentences. However, that does not necessarily mean you are destined for a long stint in federal prison. With the help of an experienced federal drug crimes attorney, it may be possible to get the charges reduced or even dismissed.

What is Considered Federal Drug Trafficking?

Drug trafficking charges can be brought at either the state or federal level. In general, federal charges apply when the alleged offense crosses state lines or involves large quantities of drugs. Some of the factors that can lead to federal trafficking charges include:

• Transporting drugs across state borders
• Distributing or conspiring to distribute large amounts of controlled substances
• Selling drugs in multiple states
• Trafficking near federal property, such as national parks or military bases
• Trafficking that is uncovered by federal law enforcement agencies like the DEA or FBI

The specific drug quantities that can trigger federal charges vary depending on the substance. For example, trafficking charges may apply for:

• 1 kilogram or more of heroin
• 5 kilograms or more of cocaine
• 1,000 kilograms or more of marijuana
• 50 grams or more of methamphetamine
• 40 grams or more of fentanyl

It’s important to note that you don’t necessarily need to be caught with these quantities to face trafficking charges. Federal law also prohibits conspiring or attempting to distribute illegal drugs. This means you could potentially be charged based on evidence that you planned to traffic drugs, even if you were arrested before obtaining the substances.

Federal Drug Trafficking Penalties

The penalties for federal drug trafficking convictions are severe, and may include lengthy prison sentences and steep fines. The exact punishment depends on factors like:

• The type and quantity of drug involved
• Whether the offense resulted in serious bodily injury or death
• The defendant’s prior criminal history

Federal trafficking sentences are governed by mandatory minimums, which set the lowest possible sentence the judge can impose. For example, trafficking between 100-999 grams of heroin carries a mandatory minimum sentence of 5 years for a first offense. This increases to 10 years if death or serious injury results, or if the defendant has a prior felony drug conviction.

The mandatory minimums increase significantly for larger drug quantities. Trafficking 1 kilogram or more of heroin, for instance, carries a 10-year mandatory minimum for a first offense and a 15-year minimum for a second offense. In cases involving a continuing criminal enterprise, mandatory life sentences may apply.It’s crucial to remember that these are only the mandatory minimums – the maximum sentences are much higher. Federal judges have the discretion to impose sentences up to the maximum after considering other aggravating and mitigating factors.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Defenses to Federal Drug Trafficking Charges

Facing federal drug trafficking charges can feel hopeless, especially given the potential for long mandatory minimum sentences. However, an arrest is not the same as a conviction. Depending on the circumstances of your case, our skilled federal drug crimes attorneys may be able to employ one of the following defenses:

Challenging the Evidence

In any criminal case, the burden is on the prosecution to prove guilt beyond a reasonable doubt. This means poking holes in the government’s evidence is often a key part of mounting a successful defense. Some ways your attorney may challenge the case against you include:

• Filing motions to suppress evidence that was obtained illegally, such as during an unlawful search
• Challenging the reliability of witnesses, informants, or co-defendants who may be testifying against you
• Arguing that the prosecution lacks sufficient evidence to prove the charges beyond a reasonable doubt

Entrapment

Entrapment occurs when law enforcement induces someone to commit a crime they otherwise would not have committed. For example, let’s say an undercover officer repeatedly pressures you to sell them drugs, and you eventually give in and make the sale. If you can show that you only committed the offense due to the officer’s coercive tactics, you may be able to assert an entrapment defense.

Duress

The duress defense applies when someone commits a crime because they were threatened with imminent death or serious bodily harm. If you can show that you only participated in a drug trafficking operation because someone threatened you or your family, this may provide a defense to the charges.

Lack of Knowledge or Intent

To convict you of federal drug trafficking, the prosecution must prove that you knowingly participated in the distribution of illegal drugs. If you can show that you did not know the substances were illegal drugs, or that you did not intend to distribute them, this may provide a defense. For example, perhaps you were asked to transport a package but had no idea it contained kilos of cocaine.

Choosing the Right Federal Drug Trafficking Attorney

Federal drug trafficking cases are extremely complex, and the stakes could not be higher. If you’ve been charged with trafficking, choosing the right defense attorney can make all the difference in the outcome of your case. Here are some key things to look for:

Experience With Federal Drug Cases

Not all criminal defense attorneys have experience handling federal drug trafficking cases. These cases involve different laws, procedures, and sentencing guidelines than state-level drug offenses. It’s crucial to choose an attorney who has specific experience defending clients in federal court and a track record of success in these cases.

Knowledge of Federal Sentencing Guidelines

Federal drug sentences are largely determined by the U.S. Sentencing Guidelines, which take into account factors like the quantity of drugs, the defendant’s role in the offense, and prior criminal history. A knowledgeable attorney will understand how to navigate these guidelines and advocate for the lowest possible sentence.

Commitment to Fighting For You

Federal prosecutors have virtually unlimited resources to investigate and prosecute drug trafficking cases. You need a defense team that is willing to go toe-to-toe with the government and fight relentlessly for your rights. Look for an attorney who takes a proactive approach and will explore every possible avenue to build the strongest defense.At Spodek Law Group, our attorneys have decades of experience handling complex federal drug cases. We understand what’s at stake, and we are committed to providing aggressive, effective representation to each and every client. When you work with us, you can expect:

• A thorough investigation into the facts of your case
• Skilled negotiation with federal prosecutors
• Extensive knowledge of federal drug laws and sentencing guidelines
• Tireless advocacy in and out of the courtroom
• A client-centered approach focused on achieving the best possible outcome

If you or a loved one is facing federal drug trafficking charges, don’t wait to seek legal representation. Contact the Spodek Law Group today at 212-300-5196 to schedule a free and confidential consultation.