Federal drug trafficking is one of the most serious federal drug crimes. If you are facing a federal drug charge in Texas, it’s important that you contact an attorney you can trust immediately.
Federal drug crimes are typically more serious than basic drug crimes, which puts their penalties at a federal level. Not only are the penalties quite severe, but the aftermath could be life-altering. Only a special type of attorney can handle cases like this and we just happen to have that type of attorney in our firm.
The drug trafficking lawyers from Sellers Law Firm have significant experience helping clients who have been accused of possessing or distributing drugs. With our expertise and past successes, we will be able to help you avoid the harsh penalties that come with a federal drug trafficking charge.
How can you be charged with federal drug trafficking?
Federal drug trafficking is defined as transporting large quantities of illegal narcotics in interstate commerce with the aim of delivering or transferring them to another party. But how large are we talking?
What amount of drugs is considered trafficking?
Under federal guidelines, you can be charged with drug trafficking if you are in possession of more than a specific amount of an illegal substance. Simply put, it depends on which drug and how much of it you’re moving.
According to the Texas Controlled Substances Act, controlled substances are divided into five “schedules” based on their potential for abuse, medical benefits, and international status. Schedule I being the most dangerous with high levels of dependency and no medical use to Schedule V (5) being the least dangerous and a substance that is widely available to the public via pharmacy.
Schedule I: Heroin, marijuana, ecstasy, and LSD
Schedule II: Cocaine, methamphetamine, fentanyl, Adderall, morphine, and oxycodone
Schedule III: Vicodin, ketamine, and anabolic steroids
Schedule IV: Valium, Xanax, Ambien, muscle relaxers, and sleep aids
Schedule V: Over the counter cough medications, Lyrica
Federal drug trafficking penalties in Texas
What is the mandatory minimum sentence for drugs in the US? Federal drug crimes always result in longer mandatory sentences than lesser drug charges. In the federal guidelines, the mandatory minimum federal drug trafficking sentencing is five years in prison or 20 years to life in prison if serious bodily harm or death is involved. This is for most Schedule I or II drugs.
There are four (4) main penalty groups for federal drug trafficking sentencing in Texas.
Penalty Group 1: Narcotics with no established medical purpose
| Weight for Manufacture or Delivery | Classification | Penalty for Manufacture or Delivery |
| 50 – 2,000 pounds (1 ton) | 1st Degree Felony | 5 – 99 years in state prison and/or a fine not to exceed $10,000 |
| >2,000 pounds | 1st Degree Felony | 5 – 99 years in prison and a fine not to exceed $10,000 |
| Enhanced 1st Degree Felony | 10 – 99 years in prison and a fine not to exceed $100,000 |
Penalty Group 1-A: LSD
| Quantity | Classification for Manufacture or Delivery | Penalty for Manufacture or Delivery |
| 80 to 4000 Units | 1st Degree Felony | 5 – 99 years in state prison and/or a fine not to exceed $10,000 |
| 4000 to 8000 Units | Enhanced 1st Degree Felony | 10 – 99 years in prison and a fine not to exceed $100,000 |
| >8000 Units | Enhanced 1st Degree Felony | 15 – 99 years in state prison and a fine of up to $250,000 |
Penalty Group 2: Synthetic hallucinogens
| Weight for Manufacture or Delivery | Classification | Penalty for Manufacture or Delivery |
| 4 to 400 grams | 1st Degree Felony | 5 – 99 years in state prison and/or a fine not to exceed $10,000 |
| >400 grams | Enhanced 1st Degree Felony | 10 – 99 years in prison and a fine not to exceed $100,000 |
Penalty Group 3: Opioids
| Weight for Manufacture or Delivery | Classification | Penalty for Manufacture or Delivery |
| 200 to 400 grams | 1st Degree Felony | 5 – 99 years in state prison and/or a fine not to exceed $10,000 |
| >400 grams | Enhanced 1st Degree Felony | 10 – 99 years in prison and a fine not to exceed $100,000 |
Penalty Group 4: Range of prescription drugs and chemical compounds
| Weight for Manufacture or Delivery | Classification | Penalty for Manufacture or Delivery |
| 200 to 400 grams | 1st Degree Felony | 5 – 99 years in state prison and/or a fine not to exceed $10,000 |
| >400 grams | Enhanced 1st Degree Felony | 10 – 99 years in prison and a fine not to exceed $100,000 |
How to beat a federal drug trafficking charge in Texas
Use your right to remain silent
Should I talk to the police? When pulled over by the police, some people believe talking to the cops will help lessen their sentence. They’re incorrect. In the state of Texas, most drug trafficking charges stem from federal drug conspiracies. If you decide to talk, the police will have more of a reason to use what you say against you. Use your right to remain silent and contact an attorney immediately.
Illegal search and seizure
When evidence against you has been obtained through an illegal search or seizure, your attorney should file a motion to suppress the evidence. An illegal search and seizure attorney can prove that a search was conducted without a proper warrant or probable cause and potentially have your charge dismissed.
Planted evidence
Unfortunately, it’s possible that an individual or group of individuals wanted you to be the one caught with possession of a controlled substance. So, they planted illegal drugs on your property. An attorney will help gather and thoroughly investigate the evidence in your case to help prove that these substances were planted.
Mishandled evidence
Long story short, if there is no sufficient evidence against you, you cannot be convicted. Mishandled evidence can include that the drugs themselves were improperly packaged at the scene, and now the integrity of the evidence is in question. Small mistakes made by law enforcement can help your case.
Charged with Federal Drug Trafficking? Count on Sellers Law Firm for Quality Representation.
Facing a federal drug trafficking charge can have dire consequences. In order to combat this charge and avoid harsh penalties, you’ll need the best drug lawyer in Fort Worth for your defense. The sooner you get help, the more likely you are to build a successful federal drug defense case. We’re here to fight for your freedom.
In a federal drug trafficking case, every second counts. Contact an attorney from Sellers Law Firm today by scheduling a free consultation online or give us a call at 817-928-4222.
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