Federal Drug Conspiracy
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Federal drug conspiracy charges are one of the most serious, and frankly misunderstood, charges anyone can face in the federal system. Drug conspiracy is a crime where the defendant knowingly and intentionally participated in a plan to distribute, sell, or manufacture drugs. The most difficult concept for defendants to wrap their mind around is that when indicted this charge, the entire weight of all the drugs collectively sold by anyone in the conspiracy can usually be pinned on everyone in the conspiracy - even those who only sold a small portion.
The definition of a this charge is fairly straightforward, but there are several nuances that make this a serious indictment to face. This article provides an overview of exactly what a federal drug conspiracy is, what the elements are, and what the possible penalties are for being convicted of this crime. We also outline various defenses that can be used to fight your case.
Federal Drug Conspiracy Charges
Being charged with federal drug conspiracy means that you are being accused of planning and/or participating in a criminal enterprise which distributed, produced, or manufactured illegal drugs. This can involve things like running a drug production plant, collaborating in a drug distribution network, or activities such as trafficking, delivering, or selling even small amounts of drugs. We will discuss the importance of that last point in more detail later in this article. If found guilty, you will face severe penalties, including long prison sentences and large fines.
In fact, these sentences are some of the most severe in the U.S. criminal justice system. In the hundreds of federal criminal cases we’ve handled, we’ve sometimes seen longer sentences for federal drug conspiracies than even for those facing state murder charges.
If you’re facing this uphill battle, call one of our attorneys right away to discuss the details of your charge.
What You Need to Know
People often misunderstand the the level of involvement required to be charged with drug conspiracy in the federal system. Here are some common things people misunderstand about these charges.
Level of Involvement
Many people believe that to be charged with in a conspiracy, an individual must have actively participated and played a significant role in the distribution or production of drugs. However, even individuals who may have only played a minor role, or were peripherally involved in the conspiracy, can still be charged.
For instance, say a friend asked you to drop off an eight ball of cocaine on their behalf. This is a very small amount of drugs - usually between 3 to 3.5 grams. Now say this friend also played a major role in an active drug ring. Much later, a huge swath of people are indicted in a drug conspiracy, including you. The entire weight of all the drugs ever sold, by anyone that was indicted in the conspiracy, can possibly be—and often is—pinned on you, even though you played a very minor role.
This charging strategy is a relic of the “war on drugs” from the 80s and 90s, where politicians wanted to make drug penalties extremely severe in an effort to dissuade individuals from selling drugs, in the hopes of keeping drugs off the streets. This, of course, was not a winning strategy, and it’s something that all serious policymakers know. But now that it’s on the books, no politician seeking reelection wants to vote to take it off and be accused of being “soft on crime.”
Direct Communication
Some people also believe that there must be direct communication or planning between all the conspirators for a charge to be valid. However, this is not the case, as a drug conspiracy charge can be brought against individuals who may not have had direct contact with all the other people in the conspiracy but were still working towards the same goal.
Presence of Physical Drugs
In a drug conspiracy, oddly, there doesn’t even have to be physical drugs involved. Charges can be brought against individuals even if physical drugs are not present. This is because a drug conspiracy charge is based on the agreement or plan to distribute, produce, or manufacture illegal drugs, rather than the actual possession or distribution of the drugs themselves.
For example, say you arranged to purchase a large quantity of illegal drugs, but the drugs never actually made it into your possession because. Federal authorities could still charge you with conspiracy to distribute those drugs. Similarly, if you are accused of participating in a drug manufacturing facility, but no actual drugs are found on the premises, you could still be charged with conspiracy to manufacture drugs.
Additionally, charges can also be brought against individuals who were in some way involved in the distribution or production of controlled substances such as illegal drugs, prescription drugs and other related substances. This means that even if no physical drugs were present, a person can still be charged with drug conspiracy if they were involved in the distribution, production, or manufacturing of these substances.
In short, a drug conspiracy charge is based on the agreement or plan to distribute, produce, or manufacture illegal drugs rather than the actual possession or distribution of the drugs themselves.
A Single Criminal Enterprise
Many individuals believe that a drug conspiracy charge requires all of the conspirators to be working together in a single criminal enterprise. However, it is possible for multiple conspiracies to be merged into one single charge.
Multiple drug conspiracies can be merged into one in a legal context if they are found to have a common goal or purpose, involve the same individuals or organizations, and have a relationship in terms of time, location, and methods of operation.
This allows prosecutors to charge defendants with participating in a single overall conspiracy, rather than multiple separate conspiracies, which can make it easier to prove the charges in court. Additionally, this can also lead to more severe penalties for the defendants if convicted, because this makes the total drug amount higher and thus the prospective penalties greater.
Unfortunately for those accused, the federal laws make it both harsh and unfair to those facing drug conspiracy charges. Luckily, attorneys at Ringstrom DeKrey know the ins and outs of federal law and are extremely skilled at negotiating with prosecutors and will work tirelessly to get you the best outcome for your case.
Elements of a Federal Drug Conspiracy
In order for a person to be charged, the prosecution must prove the following elements:
An agreement: This element requires that there was an agreement between two or more individuals to engage in a criminal enterprise, such as the distribution of illegal drugs. The agreement does not have to be formal or written, and can be inferred from the actions and statements of the individuals involved.
Specific intent: The individuals involved must have the specific intent to commit the underlying drug offense. This means that they must have intended to engage in the illegal activity, and not just accidentally or unknowingly become involved.
Overt act: At least one of the individuals involved must have taken some overt action in furtherance of the conspiracy. This means that there must be some concrete action taken to move the conspiracy forward, such as buying or selling drugs or arranging a meeting to discuss the illegal enterprise.
Knowledge: The individuals must have knowledge of the illegal nature of the conspiracy and intend to join in it. This means that they must have been aware that their actions were illegal and nonetheless intended to participate in the conspiracy.
The nuances of these elements lie in the fact that the prosecution needs to prove that the agreement existed and that the defendants had the specific intent to participate in the illegal activity.
The prosecution can prove the agreement through circumstantial evidence, like phone records, videos, financial transactions, and even statements from co-conspirators. This is extremely important, as someone simply needs to say you were involved and you could be charged in the conspiracy. There are ways to defend against this such as calling into question the credibility of the individual making the statement, but it takes frustratingly little for a prosecutor to indict someone in a drug conspiracy.
Also, for the specific intent element, the prosecution can prove it through the defendant's actions, statements, and the circumstances of their participation in the conspiracy.
Finally, the prosecution does not have to prove that all the conspirators knew each other, or that they all knew all the details of the conspiracy. They simply must prove that all conspirators knew of the illegal nature of the conspiracy and intended to participate in it.
Penalties
The penalties for a federal drug conspiracy conviction can vary depending on the specific circumstances of the case, such as the type and amount of drugs involved, the defendant's criminal history, and any aggravating or mitigating factors.
Generally, the penalties can include significant fines and prison time. Under federal law, the prison term for a drug conspiracy conviction can range from five years to life, depending on the specific drug and the amount involved.
Attorneys at Ringstrom DeKrey have dealt with hundreds of federal drug cases and have vast experience working to win cases, or when that’s not an option, to mitigate and decrease prison sentences.
In addition to prison time, a conviction can also lead to other penalties such as:
Forfeiture of assets: the government can seize any assets that were used to commit the crime or obtained as a result of the crime
Probation: a period of supervision in the community rather than in prison
Community service: a sentence to perform unpaid work for a non-profit organization or government agency
Drug treatment: a sentence that includes mandatory drug treatment or rehabilitation as a condition of probation or parole
Loss of certain rights: such as the right to vote, own firearms, or hold public office
It's important to note that the penalties for drug conspiracy conviction are serious, and it is critical to have the help of an experienced criminal defense attorney to help you navigate the legal process.
Plea Bargains
Although there are no official statistics regarding the number of federal drug cases that end in a plea bargain, the Bureau of Justice Assistance estimates that between 90-95% of federal criminal charges are resolved through a plea bargaining process.
Usually charges are either dropped based on motions filed and won by your attorney, or they end with a plea agreement.
There are many reasons why it is exceedingly rare for drug conspiracies to go to trial, but the main one revolves around how the government disincentivizes trials through harsher penalties if you lose at trial. This is often called the “trial tax.”
For instance, the government can recommend a reduction in time if you take accountability for your actions by pleading guilty, and they can also recommend a cooperation reduction in exchange for your proffer or testimony against others involved in the criminal enterprise. This type of plea bargaining is commonly known as a “5k reduction”.
These reductions, however, are predicated on NOT taking your case to trial.
The Safety Valve
There is also a provision in the federal sentencing guidelines called §3553 or the “Safety Valve.”
This provision allows certain defendants who meet specific criteria to receive a sentence below the mandatory minimum sentence established by statute.
The safety valve provision applies to non-violent, first-time drug offenders who meet these five criteria:
The defendant does not have a prior criminal record that would make them ineligible.
The defendant did not use violence or possess a weapon in connection with the offense.
The defendant was not an organizer, leader, manager, or supervisor of others in the offense.
The defendant must have truthfully provided the government with all information and evidence the defendant has concerning the offense.
The defendant must have truthfully assisted the government in the investigation or prosecution of their co-defendants.
If a defendant meets all of these criteria, they are eligible for a sentence that is below the mandatory minimum sentence established by statute. This can result in a substantial reduction in the defendant's sentence.
The safety valve provision was enacted to address valid concerns that mandatory minimum sentences were disproportionately harsh for non-violent, first-time drug offenders. It's intended to provide a mechanism for the courts to impose sentences that are more proportionate to the offender's culpability and the nature of the crime, rather than being driven by statutory minimums.
It's important to note that the safety valve provision is not available in all federal drug cases, and the defendant must meet all the criteria established by the law to qualify. Also, the decision of whether to apply the safety valve is up to the judge and not the prosecution — even if the prosecution recommends the safety valve be applied.
Therefore, it's crucial to have the help of an experienced criminal defense attorney to help you navigate the legal process and determine if you qualify for the safety valve provision.
Federal Drug Conspiracy Sentencing Guidelines
The federal sentencing guidelines are a set of rules and principles that judges use to determine the appropriate sentence for a defendant convicted of a federal crime.
When it comes to drug conspiracies, the federal sentencing guidelines use a complex calculation to determine the appropriate sentence, taking into account the type and quantity of drugs involved, the defendant's role in the conspiracy, and other relevant factors.
The guidelines use a point system to determine the sentence, where the more points a defendant earns, the higher the sentence. Points are assigned based on factors such as the type and quantity of drugs involved, the defendant's role in the conspiracy, and the defendant's criminal history.
For example, a defendant who is convicted of conspiracy to distribute a large quantity of a drugs will usually receive a higher sentence than a defendant who is convicted of conspiracy to distribute a smaller quantity of the same drug.
The sentencing range for a drug conspiracy conviction can be severe, with a maximum sentence of life in prison for some drug offenses and a minimum of 10 years for other drug offenses. Additionally, the defendant can also be subject to fines and other penalties.
It's important to note that federal sentencing guidelines are advisory, which means that judges have discretion to impose a sentence outside of the guidelines range, but they have to provide a reason for departure.
It’s important to note that navigating the federal sentencing guidelines is extremely complex, perhaps the most complex thing in all of federal criminal law, so you need an attorney with federal criminal experience. It could literally save years of your life.
Attorneys at Ringstrom DeKrey have handled hundreds of federal drug cases and can explain the ins and outs of your sentence with ease.
Case Story: Winning a Federal Drug Case
Defense Strategies
One of the best ways to fight a federal drug conspiracy charge is to work to get the charges dismissed, rather than fighting at trial. Typically, this involves filing motions based on suppression issues and the like.
A motion to suppress is a legal argument submitted to the court in hopes of excluding certain evidence from trial on the grounds that it was obtained illegally or in violation of the defendant's constitutional rights.
Some of the common grounds for a motion to suppress in a federal drug conspiracy case include:
Illegal search and seizure: If the evidence was obtained through an illegal search or seizure, the defendant can file a motion to suppress arguing that the evidence should be excluded because it was obtained in violation of the Fourth Amendment's protection against unreasonable searches and seizures.
Miranda rights violations: If the defendant's statements were obtained in violation of their Miranda rights, the defendant can file a motion to suppress arguing that the statements should be excluded because they were obtained in violation of the Fifth Amendment's protection against self-incrimination.
Entrapment: If the defendant argues that they were induced by government agents to commit a crime they otherwise would not have committed, they can file a motion to suppress arguing that the evidence should be excluded because it was obtained through entrapment.
It's important to note that the defendant must establish that the evidence was obtained illegally or in violation of their constitutional rights to be successful in a motion to suppress. Also, the judge will hear the motion and decide whether the evidence can be used at trial or not.
The outcome of a motion to suppress can have a significant impact on a criminal case, as it can lead to a complete dismissal of charges or a drastic reduction of the sentence. Therefore, it's crucial to have the help of an experienced criminal defense attorney who can help you navigate the legal process and file a motion to suppress, if applicable.
Ringstrom DeKrey has filed and won major motions to suppress in federal drug cases.
Other defenses revolve around comparing the elements of drug conspiracy with the evidence the government has against you.
Agreement: By proving that there was no agreement between you and the other conspirators to distribute drugs, your attorney may be able to fight your charge. Remember, though, the agreement doesn’t have to be formal; it could simply be statements or inferred from your actions.
Specific intent: Here your attorney can attempt to prove that you did not intend to engage in the illegal activity, and instead you accidentally or unknowingly became involved.
Overt act: Your attorney can argue that you did nothing in furtherance of the conspiracy. This means proving that you took no concrete action to move the conspiracy forward, such as buying or selling drugs, or arranging a meeting to discuss the illegal enterprise.
Knowledge: In order to prove a conspiracy charge, the government must prove that you had knowledge of the illegal nature of the conspiracy and intended to join in it. This means that your attorney may be able to prove that you were unaware that your actions were illegal and that you did not intend to participate in the conspiracy. This is tricky to prove, however, as almost everyone knows that selling drugs is illegal, but it all depends on what evidence the government has against you.
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