If you or someone you love faces charges for a federal drug crime or you suspect that you are under investigation, the time to act is now. You can get professional help from a Cleveland federal drug crime defense lawyer from our team at HMW Law—Ohio Trial Attorneys.
Our award-winning lawyers have decades of collective experience helping defendants in the federal criminal justice system fight to protect their rights, freedoms, and futures.
If the police charge you with a federal drug crime, a Cleveland federal criminal defense lawyer can help. Call or contact us online for a FREE consultation.
Why Hire a Federal Drug Crime Defense Lawyer in Cleveland?
The federal government is notorious for aggressive prosecution, high conviction rates, and harsh sentences, especially in cases involving drug offenses. By taking immediate action and retaining a skilled Cleveland criminal defense lawyer with experience in the federal courts, you can begin working on a defense that positions you for the best possible outcome.
We know how agencies like the DEA and FBI investigate federal drug offenses and how U.S. Attorneys work to gain convictions. Most importantly, we work harder than the government and have the insight and resources to help clients effectively challenge the allegations against them.
We’re here to help with defense strategies for drug charges from possession to trafficking.
For a free legal consultation with a federal drug crime defense lawyer serving Cleveland, call 216-774-0000
Most Common Defenses Used in Federal Drug Cases
Defense strategies in federal drug crime cases may involve pretrial motions and hearings that seek dismissal of federal charges, plea agreement negotiations that seek reduced federal drug charges and penalties, or defenses presented in trial that seek not guilty verdicts.
Whatever the strategy for your case will be, understanding common defenses can be helpful as you begin evaluating your situation.
We construct customized defenses that position our clients for the best possible outcomes. Some common defenses employed in drug crime cases include:
Law Enforcement Violations
We may explore how law enforcement conducted investigatory tactics such as surveillance and wiretaps to ensure they followed the law and to assess whether arresting officers had probable cause when stopping, detaining, and searching suspects.
When law enforcement agencies violate a defendant’s Fourth Amendment protections against unlawful search and seizure or induce defendants to commit crimes (entrapment), there may be grounds to dismiss key evidence or federal drug charges entirely.
Constructive Possession
This defense may challenge the government’s assertion that you were in actual possession of illegal substances. It may be an important and viable defense when the police do not find drugs on your person during a drug crime arrest.
It’s common for law enforcement officers to find controlled substances in a vehicle, a suitcase, or another manner in which they weren’t actually on your person. If there is reasonable doubt as to who was actually in possession of the substance or had the legal responsibility for the property, we can use it for your defense.
Knowledge and Intent
Asserting that a defendant did not have actual knowledge or intent to commit a crime is a common defense raised in federal drug crime cases. We may use this defense when a defendant charged with trafficking did not know they were carrying drugs or did not intend to traffic them.
Duress
It is not uncommon that individuals involved in drug trafficking or other crimes did so under threat of injury to themselves or others. If we can show that you committed a federal drug offense only because you were under duress, it could help with your defense.
Cleveland Federal Drug Crime Defense Lawyer Near Me 216-774-0000
When Is a Drug Crime a Federal Case?
Drug offenses can fall under the jurisdiction of state or federal authorities. While state law enforcement and state courts handle most drug offenses, the federal government takes up some of them. A drug crime case may become federal when the following factors are involved:
- Federal law enforcement agencies (DEA, FBI, ATF, etc.) are involved in the investigation
- The alleged offenses involve large quantities of illegal substances
- Interstate activity, such as trafficking or transporting drugs across state lines, is present
- Violations of federal health care laws exist regarding prescription drugs and provider regulations, including the FCA and AKS
- Marijuana cultivation offenses violate federal law
- The crime occurred on federal land
- Drug offenses committed in relation to conspiracies involving multiple people or organized crime (RICO/CCE)
A federal drug crimes defense attorney in Cleveland can provide more information about this distinction. Our team stands ready to help.
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Types of Federal Drug Crimes
Title 21 of the U.S. Code for federal drug laws outlines federal drug offenses. These statutes cover various types of federal crimes and various substances (from cocaine, heroin, MDMA, and fentanyl to legal medications such as Xanax and OxyContin, and even marijuana) classified by drug schedules.
Our Cleveland federal drug crime defense attorneys have considerable experience handling federal drug crime charges involving all types of illegal substances and charges.
Some examples of federal drug crimes include:
- Manufacturing a controlled or counterfeit substance
- Drug distribution (sale)
- Drug trafficking/transportation
- Illegal distribution of prescription drugs/prescription fraud
- Dispensing a controlled substance over the internet
- Possessing a controlled substance
Regardless of the drug-related offenses or the substance involved, our Cleveland federal drug crime defense lawyers can provide the counsel you need. We are familiar with the federal justice process and have handled thousands of cases involving federal crimes and drug crimes.
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Federal Drug Crime Penalties
Federal drug offenses carry severe and life-altering penalties and lengthy prison sentences. The penalties and sentence you face will depend on various factors, such as criminal history, prior convictions, the type and amount of drug involved, and the specific charge.
Here are some examples of the penalties for federal drug crimes.
21 USC §844 – Federal Drug Possession
This statute covers what is known as simple possession. It is the most basic drug possession charge and applies when a defendant has a small, but still unlawful, amount of a controlled substance either on their person or in their possession, such as in a handbag or vehicle.
The potential sentence for this charge depends on whether it is a first or subsequent offense.
- First offense: Up to 1 year in prison and up to $1,000 in fines
- Second offense: Minimum 15 days to 2 years in prison and a fine of up to $2,500
- Third or subsequent offense: Minimum 90 days to 3 years in prison and a fine of up to $5,000
21 USC § 841(a)(1) – Distribution/Manufacturing/Possession With Intent to Distribute
This offense carries a statutory maximum sentence of 20 years, with enhancements for:
- Prior felony drug convictions or two or more felony drug or violent crimes
- Injury or death resulting from the use of the drug
- When people distribute drugs to individuals under 21 or near schools and other places frequented by youth
- Continuing a criminal enterprise (drug kingpin)
- Operating a drug-involved premises, among other enhancements
Sentencing minimums and maximums for this offense will also depend on the type and quantity of drug involved.
5-year mandatory minimum/40-year maximum:
- Meth: 5 grams or more, 50 grams or more for meth mixture
- Heroin: 100 grams or more
- Cocaine: 500 grams or more
- Marijuana: 100 or more plants or 100 kg or more
- Crack: 28 grams or more
- Fentanyl: 40 grams or more
- PCP: 10 grams or more
- LSD: 1 gram or more
10-year mandatory minimum/Life maximum:
- Meth: 50 grams or more, 500 grams or more for meth mixture
- Heroin: 1 kg or more
- Cocaine: 5 kg or more
- Marijuana: 1,000 or more plants or 1,000 kilograms or more
- Crack: 280 grams or more
- Fentanyl: 400 grams or more
- PCP: 100 grams or more
- LSD: 10 grams or more
21 USC §841 – Federal Drug Trafficking
As with distribution charges, penalties for federal drug trafficking vary by quality and type of controlled substance.
- Cases involving other Schedule I or II controlled substances:
- First offense: Up to 20 years in prison
- Second offense: Up to 30 years in prison
- Cases involving 50 kilograms or more of marijuana or 50 or more marijuana plants:
- First offense: Up to 5 years in prison
- Second offense: Up to 10 years in prison
- Cases involving other Schedule III controlled substances:
- First offense: Up to 10 years in prison
- Second offense: Up to 20 years in prison
- Cases involving Schedule IV controlled substances:
- First offense: Up to 5 years in prison
- Second offense: Up to 10 years in prison
- Cases involving Schedule V controlled substances:
- First offense: Up to 1 year of incarceration
- Second offense: Up to 4 years in prison
We can offer you more information about all of these criminal offenses.
Difference Between State and Federal Drug Crimes
The distinction between state and federal drug crimes is important, as it helps defendants understand the seriousness of federal drug charges brought in federal court. Some important differences include the following:
Resources
The federal government has extensive resources at its disposal to conduct investigations, compile complex indictments, and prosecute defendants. These resources far exceed those in state cases, often to the detriment of defendants.
While it’s normal to want to defend yourself as rigorously as possible—especially if you’ve successfully refuted state drug charges before—it’s essential to be realistic about your charges and the circumstances surrounding your arrest.
When you’re up against the full weight and resources of the federal government, it’s essential to carefully consider all of your defense options, including taking a plea deal.
Conviction Rates
Federal criminal courts have notoriously high conviction rates, with more than 97% of defendants pleading guilty to their federal drug charges. The power of the federal government is clear when it comes to convicting individuals facing criminal charges.
We can attribute some of this high conviction rate to the fact that many defendants take a plea deal. However, part of it is also that federal prosecutors generally don’t proceed with cases unless they are reasonably sure they will win.
In cases where the evidence is questionable or there are potential issues that could weaken the prosecution’s case, the charges may be dropped or reduced. Bottom line: If the federal government is prosecuting a case against you, the case is likely very strong, and you need an experienced Cleveland federal drug crime defense attorney on your side.
Court Systems
State and federal drug cases go through separate court systems. While the prosecution still bears the burden of proving guilt beyond a reasonable doubt, these courts focus on different charges (violations of state law versus those outlined in the U.S. Code) and employ different rules and procedures.
Federal criminal defense attorneys must also get approval to practice in federal court.
Penalties
Drug crimes have penalties, whether they go through the state or federal court, but penalties handed down in federal court are generally more severe. That’s due to harsh sentencing guidelines, sentencing enhancements, mandatory minimums, and the fact that federal inmates serve more of their sentences than those who serve time in state prisons.
Alternatives to Incarceration
Many states have transitioned to a lenient approach that allows drug crime defendants to participate in treatment, rehabilitation, and diversion to alleviate overburdened state courts and prisons.
While there are some options for rehabilitation and treatment programs that can allow federal criminal defendants to reduce their sentences, be incarcerated in less secure federal prisons or camps, or obtain more time in halfway housing, these options pale in comparison to what is available in state courts.
While many defendants may have prior experience with criminal charges in lower courts, it’s clear that federal charges are on a different level.
What Happens After You’re Arrested?
You may go through the following process after an arrest:
Arraignment
After the police arrest someone for federal drug crimes, the first step is generally the arraignment. It’s critical to have already retained a Cleveland federal drug crime defense lawyer to represent you by that first hearing.
The arraignment usually happens fairly quickly, sometimes within as little as 48 hours, so it’s essential to reach out to an attorney as soon as possible after you are arrested and officially charged.
At the arraignment, the judge will ensure that you understand the charges against you and ask you how you want to plead. In most cases, you will initially plead not guilty to ensure your attorney has time to go through your case and determine your defense options.
Bail Hearing
Assuming you plead not guilty, the next hearing will determine whether you are granted bail or must remain in custody until the trial. Your attorney will argue on your behalf so you can be released and return to your usual life, such as going to work or attending to family responsibilities.
The prosecution will also provide its recommendation, and the judge will make the final decision.
Discovery
After these two hearings, the case proceeds as if it is going to trial. The discovery phase is next, where the defense and prosecution exchange information about the evidence and witnesses they plan to present in support of their case.
At any point during this process, it’s possible to change your plea under the advice of your attorney if you decide to take a plea deal instead of proceeding to trial.
Will Your Federal Drug Case Go to Trial?
In the federal criminal justice system, few cases go to trial. Studies have found that over 97% of federal criminal defendants plead guilty. That means a few things:
- Some federal criminal defendants and their attorneys can effectively dismantle the government’s case through pretrial motions and hearings, ultimately obtaining a dismissal.
- Some federal defendants, including those charged with federal drug crimes, capitalize on their ability to participate in programs like the Residential Drug Abuse Program (RDAP), which can significantly reduce sentences.
- Most federal criminal defendants waive their right to trial by accepting plea agreements with the government, often with more favorable terms than if they face a conviction after going to trial.
- Many defendants who accept plea deals may have had strong cases for their innocence, but never got the chance to present them, fearing the “trial penalty.”
While there are valid justifications for taking a case to trial, the reality is that federal criminal defendants face a system skewed to favor the government.
From harsh sentencing guidelines and mandatory minimums to lengthy sentences handed down following trials, defendants in federal court often face a dilemma: accept a plea agreement for a less severe sentence or try to beat the federal charges, risking years or decades behind bars.
Ultimately, the question of whether your case will go to trial depends entirely on the facts of your case. There are ways to prevail in federal criminal drug cases, and we can employ a variety of defenses. There are also effective ways to greatly minimize penalties, sentences, and the overall impact of a conviction on your life.
The Benefits of Working With Us on Federal Drug Crimes Cases
Why hire team HMW? At HMW Law, our federal drug crime defense lawyers in Cleveland work closely with clients to help them understand their available options, assess viable defenses, and tailor strategies to seek pretrial dismissals or reduced federal drug charges and penalties through plea agreements.
We believe that our clients should be educated and informed on what’s happening in their cases. We invest time in helping clients evaluate the risks associated with each option so that they can make informed decisions about how we handle their drug crime case.
When you work with our firm, you gain access to an experienced legal team that is ready and willing to fight for your rights and your future. Our attorneys have decades of legal experience, including in the federal courts, and we know what it takes to get a favorable outcome. We can handle federal investigations, from drug trafficking to organized crime.
Talk to Us About Building Your Defense
Federal drug crimes put your freedom and future on the line, which is why it’s of critical importance to reach out to an experienced Cleveland federal drug crimes defense attorney as soon as possible.
At HMW Law, we’re available immediately to speak with potential clients about their cases and how we can help them fight to protect their rights. Located in Cleveland, our federal drug crime lawyers proudly serve clients in federal courts across Ohio. Consultations are free and confidential.
Call or text 216-774-0000 or complete a Free Case Evaluation form