Cleveland Federal Drug Crime Attorney

Helping Clients Fight Back Against Serious Charges

If you or someone you love was charged with a federal drug crime or you suspect that you are under investigation, the time to act is now.

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 defense attorney with experience in the federal courts, you can begin working on a defense that positions you for the best possible outcome.

At HMW Law, our award-winning Cleveland federal drug crime lawyers have decades of collective experience helping defendants in the federal criminal justice system fight to protect their rights, freedoms, and futures.

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.

If you’ve been charged with a federal drug crime, our Cleveland federal drug crime attorney wants to help. Call or contact us online for a FREE consultation.

When Is a Drug Crime a Federal Case?

Drug offenses can fall under the jurisdiction of state or federal authorities. While most drug offenses are handled by state law enforcement and state courts, some are taken up by the federal government. 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, AKS, and Stark Law
• Marijuana cultivation offenses violate federal law
• Crimes were committed on federal land
• Drug offenses are committed in relation to conspiracies involving multiple people or organized crime (RICO/CCE)

Types of Federal Drug Crimes

Federal drug offenses are outlined in Title 21 of the U.S. Code for federal drug laws. 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) that are classified by drug schedules.

At HMW Law, our federal drug crimes attorney has 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 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.

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
• 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 (1) prior felony drug convictions or two or more felony drug or violent crimes; (2) injury or death resulting from use of the drug; (3) when drugs are distributed to individuals under 21 or near schools and other places frequented by youth; (4) continuing a criminal enterprise (drug kingpin); and (5) 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 kg 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.

• First offense: Between 5 and 40 years in prison. Second offense: 10 years to life in prison and/or a fine of up to $8,000,000 (if the defendant is an individual) or $50,000,000 (if the defendant is not an individual). For cases involving:
  • 100 grams or more of a substance containing heroin;
  • 500 grams or more of a substance containing cocoa leaves, cocaine, or ecgonine;
  • 10 grams or more of PCP or 100 grams or more of a substance containing PCP;
  • 1 gram or more of a substance containing LSD;
  • 100 kilograms or more of a substance containing marijuana or 100 or more marijuana plants; or
  • 5 grams or more of methamphetamine or 50 grams or more of a substance containing meth;
• First offense: 10 years to life in prison. Second or subsequent offense: 20 years to life in prison. For cases involving:
  • 1 kilogram or more of a substance containing heroin;
  • 5 kilograms or more of a substance containing cocoa leaves, cocaine, or ecgonine;
  • 100 grams or more of PCP or 1 kilogram or more of a substance containing PCP;
  • 10 grams or more of a substance containing LSD;
  • 100 kilograms or more of a substance containing marijuana or 1,000 or more marijuana plants; or
  • 50 grams or more of methamphetamine or 500 grams or more of a substance containing meth
• 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

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 incredible resources at its disposal to conduct investigations, compile large and complicated 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 important 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 important 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 those who have been charged.

Some of this high conviction rate can be attributed to the fact that many defendants take a plea deal. However, part of it is also that the federal prosecutors generally don’t proceed with cases that they aren’t fairly sure they will win. Cases in which the evidence is questionable or there are potential issues that could weaken the prosecution’s case may be dropped or the charges reduced. Bottom line: If the federal government is prosecuting a case against you, it’s likely that the case is very strong, and you need an experienced attorney on your side.

Court Systems

State and federal drug cases are handled in separate court systems. While the prosecution still has the same burden of proving guilt beyond a reasonable doubt, these courts focus on different charges (violations of state law vs. U.S. Code) and employ different rules and procedures. Federal criminal defense attorneys must also be admitted to practice in federal court.

Penalties

Drug crimes have penalties whether they’re prosecuted in 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 prison.

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 sentences, be incarcerated in less secure federal prisons or camps, or obtain more time in halfway housing, those options pale in comparison to what’s available in state court.

While many defendants may have previous experience with criminal charges in lower courts, it’s clear that federal charges are on another level. It’s crucial to have a defense attorney on your team any time you are facing criminal charges, but when those charges are federal drug crimes, you need an experienced attorney who has successfully represented clients in federal drug crimes cases.

What Happens After You’re Arrested?

After someone is arrested for federal drug crimes, the first step is generally the arraignment. If at all possible, it’s critical to already have retained a criminal 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 important 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.

Assuming that you plead not guilty, the next hearing will be to determine whether you are to be granted bail or if you will have to stay in custody until the trial. Your attorney will argue on your behalf so that you can be released and are able to go about your usual life, such as going to work or attending to family responsibilities. The prosecution will also provide their recommendation, and the judge will make the final decision.

After these two hearings, the case proceeds as if it is going to trial. The discovery phase is next, which is where the defense and prosecution trade information about what evidence and witnesses they plan to argue 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. In fact, studies have found that over 97% of federal criminal defendants plead guilty. That means a few things:

• Some federal criminal defendants and their federal criminal defense attorneys can effectively dismantle the government’s case in pretrial motions and hearings and obtain 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 greatly reduce sentences
• Most federal criminal defendants waive their right to trial by accepting plea agreements with the government, often with more favorable terms than what they would if convicted at 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 for fear of facing 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 the very lengthy sentences handed down following trials, defendants in federal court are often faced with a difficult dilemma: accept a plea agreement for a less severe sentence or try to beat the federal charges and risk 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 crime cases, and there are a variety of defenses that can be employed. There are also effective ways to greatly minimize penalties, sentences, and the overall impact of a conviction on your life.

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 own drug crimes.

At HMW Law, 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. This strategy may be used to explore how law enforcement conducted investigatory tactics such as surveillance and wiretaps to ensure they were done in accordance with 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 drugs were not actually found on your person during a drug crimes 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, it can be used 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. This may be used 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 were forced to do so under threat of injury to themselves or others. If it can be shown that a federal drug offense was committed only because a defendant was under duress, there may be a strong defense in the case

The Benefits of Working With HMW Law on Federal Drug Crimes Cases

At HMW Law, our federal drug crime lawyers 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 their drug crimes case is handled.

When you work with our firm, you get 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’re also available to our clients 24/7, so you always have someone to call when there’s a new development in your case or you have legal questions.

Start Your Federal Drug Crime Defense Today With a Federal Drug Crimes Attorney

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 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.

To speak with our Cleveland federal drug crime lawyers during a free consultation, call 216-369-1352 or contact us online today.