Drug trafficking is one of the most serious drug-related offenses, involving the selling, transporting, or distributing large quantities of illegal substances. It is a crime that can be prosecuted at both the state and federal levels, often resulting in severe penalties. Contact Law Office of Michael L. Fell at (949) 585-9055 if you are facing these or other criminal charges.
Defining Drug Trafficking
Drug trafficking is generally defined as the sale, transport, or importation of illegal controlled substances. To be charged with trafficking, the offense typically involves large quantities of drugs.
For a prosecutor to secure a drug trafficking conviction, they must prove that you knowingly possessed an illegal drug. You cannot be convicted if you were unaware that you had a controlled substance or believed the substance was legal.
Commonly Trafficked Drugs
Common types of drugs that may lead to trafficking charges include:
- Marijuana (cannabis)
- Crack cocaine
- Heroin
- Methamphetamines
- LSD
- Opioids or prescription drugs like oxycodone and fentanyl
Prosecuting Drug Trafficking Cases
Prosecutors begin building a drug trafficking case by demonstrating illegal drug possession. They must then produce additional evidence to show the drugs were meant for trafficking, not personal use. This evidence can include:
- Weight scales
- Baggies
- Large amounts of cash
- Business records of drug transactions
- Witness statements
- Video surveillance or undercover operations
Evidence of Trafficking Intent
Possession alone isn't enough for trafficking charges. Prosecutors look for signs that you intended to distribute the drugs, such as large quantities and packaging materials. Witnesses or surveillance footage showing you engaging in drug-related activities can also be crucial.
Penalties for Drug Trafficking
Drug trafficking is typically charged as a felony. The penalties may include several years in state prison and substantial fines. However, the specific penalties depend on the case's details, including:
- Prior criminal record, especially drug-related offenses
- Volume of drugs, weapons, or money involved
- Connection to a large criminal enterprise or RICO
- Additional crimes like money laundering
- Distribution of drugs to minors
Enhanced Penalties
Enhanced penalties may apply if the trafficking involved particularly large quantities of drugs, was part of an organized crime operation, or involved minors. Prior convictions for drug offenses can also lead to harsher sentences.
Federal Drug Trafficking Charges
If drug trafficking crosses state lines, it falls under federal jurisdiction. Federal prosecutors also handle cases involving trafficking on federal land or part of large-scale drug trades. Federal law defines drug trafficking as knowingly manufacturing, dispensing, or distributing controlled substances or counterfeit substances.
Federal Prosecution Criteria
Federal charges are more likely if the trafficking operation is extensive or particularly sophisticated. Federal penalties are often more severe than state penalties, emphasizing the importance of a strong legal defense.
The Importance of a Criminal Defense Attorney
Facing drug trafficking charges requires the expertise of a skilled criminal defense attorney. Drug laws are complex, and an experienced lawyer can help you navigate these laws and build a strong defense.
Legal Defense Strategies
A knowledgeable attorney can explore various defense strategies, such as challenging the legality of the search and seizure, proving lack of intent, or demonstrating that you were unaware of the drug's presence. An effective defense can significantly reduce your penalties or lead to an acquittal.
Free Consultations
Most attorneys offer free consultations, allowing you to discuss your case without financial commitment. These consultations are confidential, meaning your attorney cannot disclose information without your consent.
If you are facing drug trafficking charges, contact Law Office of Michael L. Fell at (949) 585-9055 for a free case evaluation. Our experienced attorneys are ready to provide the guidance and representation you need to protect your rights and future.