I Was Charged With Heroin Distribution – Will I Face Jail Time?

I Was Charged With Heroin Distribution – Will I Face Jail Time?

Getting charged with a serious drug crime like heroin distribution can be an incredibly scary and overwhelming experience. I completely understand all the fear, anxiety, and uncertainty you must be feeling right now. But try to take some deep breaths and know that there are options and people who can help guide you through this.

In this article, I want to walk through some of the key questions and issues to understand if you may be facing jail time after a heroin distribution charge. My goal is to help give you a better sense of what to expect so you can start mapping out your legal defense and next steps. I’m not going to sugarcoat things – a heroin charge is very serious. But I also want you to know there are defenses we can pursue, and I’m here to support you.

What are the heroin distribution charges I might be facing?

Distribution charges can vary quite a bit depending on the specifics of your case, including:

• The amount of heroin you were allegedly distributing
• Whether you were selling or sharing with friends
• If you have any previous drug arrests or convictions
• What state you live in and the local laws

Some of the possible heroin distribution charges include:

• Possession with intent to distribute – You possessed heroin packages in a quantity that suggests you planned to sell or share with others rather than just personal use
• Distribution/delivery – You exchanged, sold, or shared heroin with someone else
• Trafficking – You transported or imported larger quantities of heroin across state or international borders
• Conspiracy – You organized, managed, or financed a heroin distribution ring

In most states, heroin distribution penalties are much more severe than simple heroin possession charges. This is why building an effective legal defense is so crucial.

What are the sentencing guidelines and penalties I might face?

Penalties for a state or federal heroin distribution conviction can include:

• Years or decades in prison
• Massive fines up to $1 million or more
• Forfeiture of assets and property
• Lifetime loss of rights, like voting rights, gun ownership, and certain professional licenses

Heroin distribution sentences are usually based on the US Federal Sentencing Guidelines. Key factors that impact your sentence can include:

• Your criminal history score
• The purity and weight of the heroin
• Your role in the distribution operation
• Whether you accept a plea bargain
• The judge and jurisdiction handling your case

For example, under federal law you can face the following penalties:

• 100-999 grams of heroin = 10 years – life in prison
• 1 kilogram+ of heroin = 20 years – life in prison

Some states have even tougher mandatory minimum sentences. So it’s critical we investigate every possible defense to avoid a devastating outcome.

What are possible defenses against heroin distribution charges?

While heroin distribution charges should always be taken extremely seriously, there are often mistakes made or weaknesses in the prosecution’s case we can exploit to build an aggressive legal defense. Common strategies include:

Illegal search and seizure arguments

If police did not have probable cause or proper warrants to search your home, car, phone records, etc., any evidence found may be inadmissible. This could get charges dismissed or reduced.

Entrapment defenses

If an undercover officer pressured, coerced, or manipulated you into committing a drug crime you otherwise wouldn’t have, an entrapment defense may succeed. This depends heavily on the specific facts of your interactions.

Lack of criminal intent arguments

If you made an honest mistake or there is doubt whether you intended to actually distribute heroin, you may be able to fight the charges. For example, if you thought you were helping transport legal goods.

Bitcoin and dark web defenses

If you purchased heroin using Bitcoin on dark web marketplaces like the former Silk Road, there may be grounds to challenge the prosecution’s ability to definitively prove the transactions and possession.

An experienced criminal defense lawyer will thoroughly analyze every aspect of your arrest, research comparable cases, pinpoint procedural errors, and build custom arguments to attack the charges against you. This is why skilled legal representation is so important.

Should I accept a plea bargain or go to trial?

After reviewing the evidence and possible defenses with your lawyer, you’ll need to decide whether to accept a plea bargain or take your case to trial. Key considerations often include:

• Your legal team’s assessment of your odds at trial
• The potential upside vs downside risks
• The plea deal terms being offered by prosecutors
• Your priorities and willingness to admit guilt

In some cases, accepting a plea to lesser charges like simple possession instead of distribution makes sense. Other times, the potential mandatory minimums are still too high, and you may decide to roll the dice at trial. An experienced lawyer can help guide this decision.

What are the best options to minimize my sentence?

If convicted on federal heroin distribution charges, your ultimate sentence will depend heavily on the judge’s application of the US Sentencing Guidelines. Key strategies to reduce your sentence can include:

• Pleading guilty early to show acceptance of responsibility
• Providing “substantial assistance” help to prosecutors investigating other crimes
• Presenting mitigating factors like a difficult childhood, mental health issues, or addiction problems
• Participating enthusiastically in rehabilitation programs
• Earning a downward departure motion from the government

An experienced federal criminal defense lawyer intimately familiar with the sentencing process can help craft these arguments and negotiate for the most lenient sentence possible.

What about getting my charges dismissed or expunged?

If we can get your heroin distribution charges dismissed entirely or beat them at trial, then there won’t be a conviction on your record to expunge. However, if you do plead guilty or are found guilty, having your record expunged later is often extremely difficult or impossible.

Still, a skilled lawyer can explore options like deferred adjudication programs, record sealing remedies, or clemency petitions in certain cases. Don’t give up hope!

Will I have to forfeit assets and property?

Unfortunately, federal and state drug distribution charges often come with asset forfeiture proceedings where prosecutors try to seize property like cars, cash, electronics and even homes allegedly tied to your drug activities.

However, there are legal defenses we can raise against forfeiture, arguing things like:

• Your property was not sufficiently connected to any drug sales
• You need certain assets to pay legal fees and living expenses
• Forfeiture would amount to an excessive fine

While challenging forfeitures can be an uphill battle, an experienced lawyer may save you from catastrophic financial losses.

Don’t Lose Hope – You Have Options

I know all of this can seem terrifying and overwhelming. The stakes with heroin charges are extremely high. But please don’t lose hope or think there are no options. There are absolutely ways we can fight this.

With an experienced criminal defense lawyer advising you and aggressively defending your rights every step of the way, we can craft strong legal arguments, attack the prosecution’s case, and pursue every possible sentencing remedy. My team and I would be honored to stand by your side and help give you the powerful defense you deserve.

If you or a loved one are facing heroin distribution charges, don’t go through this alone. Please reach out now for a free case review, or call me directly at 555-123-4567 anytime day or night. There are solutions and people here to help.