Federal Drug Charges: An Overview by a Federal Drug Defense Attorney

Almonte Law

What are federal drug charges?

Federal drug charges in the United States are governed by various statutes that outline the offenses and corresponding penalties related to drug-related activities. These laws cover a wide range of activities including manufacturing, distributing, possessing, and other drug-related offenses.

Title 21 USC § 841 Prohibited acts A outlines severe penalties for drug offenses, including life imprisonment and substantial fines, especially if the offense involves death or serious bodily injury or if the offender has prior convictions. Many of these charges potentially carry minimum mandatory sentences.

What is Title 21 U.S.C. § 841?

Specifically, § 841, Prohibited act A, provides:

  1. a) Unlawful acts.Except as authorized by this title, it shall be unlawful for any person knowingly or intentionally—

(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or

(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

What are the elements of Title 21 U.S.C. § 841 and what must the government prove?

Title 21, United States Code, Section 841(a)(1), makes it a crime for anyone knowingly or intentionally to possess a controlled substance with intent to distribute it.

To be found guilty of this offense, the government must each of the following beyond a reasonable doubt:

First: That the defendant knowingly possessed a controlled substance;

Second: That the substance was in fact the charged controlled substance; and

Third: That the defendant possessed the substance with the intent to distribute it;

What is Title 21 U.S.C. § 846?

Title 21 U.S.C. § 846 makes it a crime to attempt or conspire to commit any of the § 841(a) crimes. Conspiracies to commit drug offenses are subject to the same penalties as the offenses themselves.

What must the government prove under Title 21 U.S.C.S. § 846?

To sustain a conviction for drug conspiracy under section 846, the government must prove beyond a reasonable doubt:

(1) an agreement to violate drug laws;

(2) knowledge of and intent to join the conspiracy; and

(3) participation in the conspiracy.

I’ve been charged with a federal drug offense, what do I do?

If you’ve been charged with a federal drug offense, your first step should indeed be to consult with a qualified attorney who has actual experience in federal criminal law. Call Almonte Law immediately for a discrete and confidential consultation.

Here are some key steps and considerations:

  1. Consult with an Attorney: This is crucial. A federal drug charge is a serious matter that requires specialized legal knowledge and experience. Almonte Law has a strong background in federal criminal matters, including drug charges.
  2. Exercise Your Right to Remain Silent: Until you have spoken with your attorney, do not discuss the details of your case or agree to any cooperation with law enforcement. Anything you say can potentially be used against you, so it’s important to wait until you have legal counsel present.
  3. Understand Law Enforcement Tactics: Law enforcement might use tactics to elicit information from you. Be aware that promises or assurances made by law enforcement officers without a formal agreement in place may not be binding or beneficial to your case.
  4. Evaluate Your Defense Options: At Almonte Law, we will assess the specifics of your case, including the evidence against you, and determine the best defense strategy. This could involve challenging the evidence, negotiating a plea deal if appropriate, or preparing for trial.
  5. Consider the Potential Consequences: Federal drug charges can carry severe penalties, including lengthy prison sentences and substantial fines.
  6. Legal Representation Matters: Experience in federal court matters significantly. Robert Almonte is a former federal prosecutor with the experience necessary to represent you. When the stakes are high, call Almonte Law.
  7. Take Action Promptly: Time is of the essence in legal matters. The sooner you engage legal representation, the better positioned you’ll be to mount an effective defense.

Remember, securing competent and experienced legal representation is your top priority when facing federal drug charges. At Almonte Law, we will guide you through the complexities of the legal system, protect your rights, and work towards achieving the best possible outcome for your case.  Contact us Today to Discuss Your Case.