Federal Possession with intent to Distribute
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Federal possession with intent to distribute is a serious charge. If convicted, you will be facing some of the harshest consequences possible under federal law. A conviction can carry a prison sentence of anywhere between 5 years and life depending on the type of drug and weight involved and your prior convictions.
This is why it's imperative that you hire an attorney who is experienced in federal court.
In this guide, you’ll understand what possession with intent to distribute means, what you are charged with in this case, how this differs from state law, and finally how you can defend yourself against these charges and seek legal representation if you're facing them.
Federal Drug Distribution Charges
This accusation is frequently used when an individual is accused of selling or trafficking illicit narcotics such as cocaine, heroin, or methamphetamine. It is a serious violation with severe repercussions, including imprisonment, fines, and a permanent criminal record.
When a person is charged with possession with intent to distribute, the prosecution must establish that the defendant knew they were in possession of a restricted drug and intended to distribute it to others.
This can be challenging to prove because it is dependent on the person's mental state at the time of the illegal activity. Usually, prosecutors take into account elements like how much of a controlled substance the individual was in possession of, if drug paraphernalia was present, and any statements made by the accused at the time of arrest.
Types of Drugs Prohibited
In the U.S., both federal law and the majority of state laws prohibit the use, possession, and distribution of certain narcotics. These drugs fall under the category of prohibited substances and are subject to the Controlled Substances Act's (CSA) regulations.
Based on their potential for misuse, their acknowledged medicinal uses, and their potential for dependency, the CSA categorizes banned drugs into five "schedules."
Drugs classified as Schedule I are thought to have the highest potential for abuse and no recognized medical use, while those classified as Schedule V are thought to have the lowest potential for misuse and a use that is currently accepted by the medical community.
The following is a list of some of the drugs that are illegal under federal law:
Schedule I drugs: These drugs have a high potential for abuse and have no accepted medical use. This includes substances such as heroin, cocaine, LSD, and ecstasy.
Schedule II drugs: These drugs have a high potential for abuse and may have an accepted medical use, but also have a high potential for physical and psychological dependence. Examples include oxycodone.
Schedule III drugs: These drugs have a lower potential for abuse and have a currently accepted medical use, but also have a potential for physical and psychological dependence. Examples include certain anabolic steroids and some prescription painkillers.
Schedule IV drugs: These drugs have a lower potential for abuse and a currently accepted medical use, but also have a low potential for physical and psychological dependence. Examples include certain sedatives and some prescription painkillers.
Schedule V drugs: These drugs have a lower potential for abuse and a currently accepted medical use, and have a low potential for physical and psychological dependence. Examples include certain cough medications that contain small amounts of codeine.
State Drug Charges vs. Federal Drug Charges
State drug distribution charges and federal drug distribution charges are similar in that they both involve the sale or distribution of controlled substances. However, there are some key differences between state and federal drug charges:
Jurisdiction: State drug charges are typically brought by state prosecutors in state courts, while federal drug charges are brought by federal prosecutors in federal courts. This means that state drug charges are generally governed by state law, while federal drug charges are governed by federal law.
Types of controlled substances: Federal and state-controlled substance schedules often overlap, but there are some differences in the substances that are regulated at the federal and state levels. For example, some states have legalized marijuana for medical or recreational use, while marijuana is still illegal under federal law.
Penalties: The penalties for state and federal drug charges can differ in terms of the maximum and minimum sentences that are available. Federal drug charges often carry more severe penalties, including longer prison sentences and higher fines, compared to state drug charges.
Procedures: State and federal courts may also have different procedures and rules for criminal cases. For example, federal courts may have stricter rules of evidence and may require a higher standard of proof to secure a conviction compared to state courts.
Resources: The federal government has nearly infinite resources at its disposal. They also have the power of numerous law enforcement agencies such as the DEA, FBI, AFT, ICE, and the Department of Homeland Security. State budgets are often smaller and so they have fewer resources at their disposal.
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Penalties
Under federal law, possession with the intent to distribute banned narcotics sometimes carries mandatory minimum sentences. The kind and quantity of prohibited substances used in the offense determine the specific obligatory minimum sentence that is applicable.
For instance, if the prohibited substance is a schedule I or II narcotic drug or a mixture including a schedule I or II narcotic drug, a person convicted of possession with the intent to distribute a controlled substance may be subject to a mandatory minimum term of 5 years in prison.
If the restricted substance is a schedule I or II narcotic drug and the offender has a prior conviction, the obligatory minimum sentence rises to 10 years in prison.
The mandatory minimum sentence increases to 20 years in prison if the defendant has two or more prior drug trafficking offenses.
In addition to a mandatory minimum sentence, if you’re convicted of possession with the intent to distribute, you may also face a fine and additional prison time depending on the circumstances of the offense.
It is important to note that these are federal sentences and that state laws may have different sentences for drug offenses.
The actual penalties you may face if found guilty in federal court of possession with intent to distribute a controlled substance will be determined by the judge based on, among other things, the federal sentencing guidelines. Attorneys at Ringstrom DeKrey have handled hundreds of federal drug crimes. Call us today to discuss the estimated sentencing guidelines for your case.
Our experienced criminal defense attorneys can help you understand the potential penalties you are facing and can assist you in developing a defense strategy.
Federal 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.
The guidelines take into account a variety of factors, including the nature and seriousness of the offense, the defendant's criminal history, and any aggravating or mitigating circumstances present in the case.
In the case of possession with intent to distribute a controlled substance, the federal sentencing guidelines provide for a range of potential sentences based on the type and quantity of the controlled substance involved, as well as the defendant's criminal history.
Under the federal sentencing guidelines, the base offense level for possession with intent to distribute a controlled substance is determined by the type and quantity of the controlled substance involved.
The base offense level is then adjusted upward or downward based on various factors, such as the defendant's role in the offense, if a weapon was used or found, and the presence of any other aggravating or mitigating circumstances.
Once the base offense level has been determined, the guidelines provide for a range of potential sentences based on the defendant's criminal history. Defendants can also receive points off their offense level for cooperating with law enforcement and partaking in something called a "proffer".
During a proffer, the accused will sit down and tell prosecutors and law enforcement everything they did, who else was involved, and the timeline of their involvement.
It is important to note that the federal sentencing guidelines are advisory and are not mandatory. While judges must consider the guidelines when determining a sentence, they have the discretion to impose a sentence outside of the recommended range if they believe it is appropriate.
Ringstrom DeKrey has handled hundreds of federal drug charges in federal court and can help you understand the potential sentences you may be facing under the federal sentencing guidelines.
Case Story: Winning a Federal Drug Case
Aggravating Factors
There are several factors that can increase the severity of a federal drug sentence. These include:
The type and amount of drugs involved: More serious offenses, such as trafficking large quantities of drugs, can result in longer sentences.
Prior criminal history: Individuals with a history of drug offenses or other crimes may receive harsher sentences.
Role in the offense: Those who play a leadership role in a drug operation may receive more severe sentences than those who played a smaller role.
Use of weapons: The use of weapons during the commission of a drug offense can result in increased sentences.
Obstruction of justice: Attempting to interfere with the investigation or prosecution of a drug offense can result in an increased sentence.
Injury or death caused by the offense: If the drug offense resulted in injury or death to another person, the sentence may be increased.
Vulnerability of the victim: Offenses that involve victims who are particularly vulnerable, such as children or the elderly, may result in increased sentences.
Damage to the environment: If the drug offense caused damage to the environment, the sentence may be increased.
Defense Strategies
If you are facing a federal drug charge, it’s important to hire an attorney who has a vast amount of experience practicing in federal court. Federal drug charges are some of the most serious anyone can face. Your case outcome relies on someone who can navigate the federal system.
Here are some defense strategies we’ve used to defend our clients against their federal intent to distribute charges:
Lack of knowledge: If you didn't know that you were in possession of illegal drugs, you may be able to argue that you lacked the necessary knowledge to be guilty of the charge.
Fourth Amendment violations: We love fighting cases where there is a potential 4th Amendment violation. If the police violated your Fourth Amendment rights (e.g., by searching your property without a warrant or probable cause), you may be able to have the evidence against you suppressed (thrown out).
Entrapment: If the police forced or tricked you into committing the crime (e.g., by coercing or pressuring you into buying or possessing the drugs), you may be able to use entrapment as a defense.
Insufficient evidence: If the prosecution doesn't have enough evidence to prove that you knew the drugs were illegal and that you intended to possess them, you may be able to get the charges dismissed.
Duress: If you were under duress (e.g., threatened with violence by a drug dealer or criminal gang) when you possessed the drugs, you may be able to use this as a defense.
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Tel: 218-284-0484
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Moorhead, MN 56560