Federal Drug Crimes

Kalamazoo Federal Drug Crime Attorneys

Assisting Clients With Solid Federal Crimes Defenses

Federal drug charges, like drug trafficking, carry major penalties if found guilty. What makes this charge even riskier is that even being found guilty of conspiring to commit a federal drug crime can carry the same sentencing as the actual crime itself. If you are being investigated for federal drug trafficking or other federal charges, you will need an experienced drug defense attorney with a proven track record to defend your rights.

If you have been charged with a federal drug crime, you need to secure legal representation from a skilled lawyer experienced in handling federal criminal cases. Even if you only suspect you are under investigation, you must seek trusted legal counsel. Federal prosecutors have extensive resources at their disposal, and they will not hesitate to throw everything they have at a case. Additionally, with mandatory minimum sentencing for many drug offenses, you potentially face years in federal prison.

Levine & Levine is well-known for our creative and rigorous defense strategies. Call us at 269-626-2296 or send us a message online to schedule a free case consultation. 

Since 1987, our federal drug crime defense lawyers in Kalamazoo have been defending cases in federal court. Our practice is rooted in an intellectual understanding of the Constitution and the Bill of Rights, and we are experienced, aggressive litigators. Every aspect of a federal case is vitally important, and our lawyers treat every case with the care and seriousness it deserves. We are tireless in pursuing justice for our clients, and we don’t back down from a fight.

What Are Federal Drug Charges?

Many clients facing federal drug charges report feeling overwhelmed. The federal judicial system is vast and complicated, and federal drug laws are notoriously harsh. When investigating and prosecuting a federal drug offense, several government agencies are likely to be involved. From the FBI and DEA to ICE and the ATF, the federal government has a wide range of available resources. They use everything they have to prosecute drug offenses, and it takes a strong and creative defense strategy to fight these charges effectively.

Examples of federal drug charges include:

  • Drug Manufacturing: This involves the production or cultivation of illegal drugs, such as methamphetamine, cocaine, heroin, or marijuana, in violation of federal law. Manufacturing can include growing plants, synthesizing chemicals, or producing controlled substances in any way.
  • Drug Importing: Importing drugs involves bringing controlled substances into the United States from another country. This can involve various methods, including smuggling drugs across borders or using international mail services to transport illegal substances.
  • Drug Exporting: Exporting drugs is the opposite of importing and involves sending controlled substances from the United States to other countries. It often involves large-scale operations and can be prosecuted under federal law.
  • Drug Trafficking: Trafficking refers to the illegal distribution, sale, or transportation of controlled substances. It encompasses a wide range of activities, from street-level drug dealing to large-scale drug trafficking organizations that operate across state or international borders. Multiple federal agencies may be involved in the investigation.
  • Unlawful Possession: Possession of controlled substances without a valid prescription or authorization is illegal under federal law. This includes both actual possession (having drugs on your person) and constructive possession (having control or dominion over drugs even if they are not physically on your person).
  • Conspiracy to Commit a Drug Offense: Conspiracy charges can be brought against individuals who conspire or agree with others to commit a drug-related crime. Even if the underlying drug offense does not occur, individuals can be prosecuted for conspiracy if there is evidence of an agreement to engage in illegal activity.
  • Prescription Drug Fraud: This involves obtaining or distributing prescription drugs through fraudulent means, such as forging prescriptions, doctor shopping (obtaining prescriptions from multiple doctors without their knowledge), or using false identities to obtain controlled substances.

What Should You Do When Being Investigated for Severe Drug-Related Crimes?

It is important to remember that you have the right to remain silent, and we highly suggest invoking that right when dealing with police, prosecutors, and other agencies. Avoid speaking to anyone about your case until you can talk with an experienced lawyer.

You also have your Fourth Amendment rights, which means you have a constitutional right to avoid unlawful searches and seizures. If a law enforcement official pulls you over or knocks on your door and they ask if they can search you, your car, or your home, tell them “not without a warrant.” If they have a search warrant, examine the details. A valid warrant must have:

  • Your full name
  • Your address if they are searching your home
  • Specific limits on what can be searched or seized, vague language is unacceptable
  • It must be signed by a judge
  • A valid search warrant should only be issued when there is probable cause

If the search warrant only allows them to search your garage, they cannot search anything else. If an illegal search warrant finds evidence against you, we will ensure it is thrown out on the grounds of violating your Fourth Amendment right.

Will You Go to Prison If Convicted?

The United States Sentencing Commission develops sentencing guidelines for the federal court system, including the mandatory minimum penalties for drug crime convictions. The minimum compulsory penalties you may face for a federal drug crime depend upon the types of drugs involved in your case, as well as the volume of drugs in question. For example, the triggering thresholds for 5- and 10-year mandatory minimum sentences for a heroin conviction are 100g and 1kg, respectively.

There are two ways a defendant may avoid the mandatory minimum penalty. First, if the defendant meets the substantial assistance exception, the prosecution may file a motion attesting to the defendant’s assistance in investigating or prosecuting another offender. Second, if the defendant meets the Safety Valve exception criteria, they may avoid mandatory minimum sentencing penalties.

To meet the Safety Valve exception, the defendant must:

  • Have a minimal criminal record
  • Not be the leader, organizer, or supervisor of the offense
  • Not have used violence in the commission of the current offense
  • Reveal all that they know about the current offense and related misconduct before sentencing
  • Be able to prove that the offense in question did not result in serious injury

In 2019, 68.1% of drug offenders were convicted with a mandatory minimum penalty. Average sentences for these convictions were: 

  • 133 months
  • 58 months for those who received relief of some kind

Along with a substantial prison sentence, you will likely be required to pay fines, sometimes to multiple states or agencies. A felony charge will follow you well into the future and make living your life the way you want far more difficult.

How Else Will a Federal Conviction Affect You?

Many people focus only on the government penalties associated with drug convictions. What they should know is that just possessing drugs or facing drug trafficking charges is enough to start unraveling your life.

A drug conviction can make it harder to pass a background check. That means certain housing or job opportunities will no longer be available to you. It can also make it harder to seek further education and cause your professional licenses to be revoked or become otherwise unavailable to you.

Then there is the damage to your reputation. People don’t want to associate with someone guilty of such a severe charge. Personal relationships can suffer, and you may find yourself alone as family members and friends distance themselves from you to avoid being guilty by association.

That is simply too much to leave to chance. While public defenders are a great public service, most are out of their depth when in a federal court setting. Their caseload won’t allow the one-on-one attention your case needs. Call Levine & Levine Attorneys at Law at 269-626-2296 to schedule a free consultation with an experienced criminal defense attorney who can give your case the attention it deserves.

What Are Common Legal Defenses Against Federal Drug Charges?

Legal defenses against federal drug charges can vary depending on the circumstances of the case, but some common defenses include:

  • Unlawful Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. If evidence was obtained through an illegal search or seizure, it may be suppressed and rendered inadmissible in court.
  • Lack of Possession: Prosecutors must prove beyond a reasonable doubt that the defendant knowingly possessed the drugs in question. If the defendant can show they had no knowledge of the drugs’ presence or lacked control over them, it can be a defense.
  • Lack of Intent to Distribute: If the prosecution is alleging intent to distribute, the defense may argue that the defendant had no intention to sell or distribute the drugs and instead possessed them for personal use.
  • Entrapment: This defense argues that law enforcement induced the defendant to commit the crime for which they are charged. To succeed with an entrapment defense, the defendant must show that they were not predisposed to commit the crime and that law enforcement’s actions were the primary reason for their involvement.
  • Duress or Coercion: If the defendant can show that they were forced or threatened into possessing or distributing drugs, it may serve as a defense. However, the defendant must demonstrate that the threat was imminent and that there were no reasonable alternatives to committing the crime.
  • Violation of Constitutional Rights: Defendants may challenge the constitutionality of laws or procedures related to their arrest, questioning, or prosecution. This could include arguing that their Miranda rights were violated during interrogation or that they were denied the right to counsel.
  • Medical Necessity: In cases involving the use of drugs for medical purposes, such as marijuana for medical conditions, the defense may argue that the defendant’s use was justified by medical necessity.
  • Chain of Custody Issues: The defense may challenge the integrity of the chain of custody of the evidence, arguing that there were breaks or inconsistencies that raise doubts about the authenticity or reliability of the evidence.
  • Insufficient Evidence: Ultimately, the prosecution must prove each element of the offense beyond a reasonable doubt. If the evidence presented by the prosecution is weak or insufficient to meet this standard, the defense may argue for dismissal or acquittal.

Each case is unique, and the effectiveness of these defenses depends on the specific facts and legal principles involved. It’s essential for individuals facing federal drug charges to consult with an experienced criminal defense attorney to evaluate their options and develop a strategy tailored to their case.

Can We Represent You?

If you are accused of a federal drug offense, you may be feeling scared and isolated. In addition to damaging your personal and professional reputation, you also face heavy fines and lengthy prison sentences. However, you do not have to fight these charges alone.

Our Kalamazoo federal drug crime lawyers offer reputable legal representation in the following Michigan counties:

  • Calhoun
  • St. Joseph
  • Van Buren
  • Berrien
  • Cass
  • Kalamazoo
  • Branch
  • Eaton
  • Ingham
  • Barry
  • Allegan
  • Ottawa

Levine & Levine Attorneys at Law has an exceptionally high acquittal rate, and our success rate speaks for itself. We are well-respected within the legal community and known for our dedication to our clients. Because federal cases can take significantly longer to resolve than those at the state level, resilience and attention to detail are key to developing a strong defense strategy. We work hard for our clients and stick by them every step of the way.

We are honored to provide our clients with the experienced advocacy they need to feel confident in court. To discuss your federal drug crime case with a professional, dedicated legal team, call us at 269-626-2296 or connect with us online.