If you are being charged for the acts of another person, you need an attorney with expertise in how to beat a federal drug conspiracy case. Drug conspiracy refers to a party forming an agreement with one or more people to commit federal drug crimes such as drug trafficking or manufacturing. Typically, prosecutors will tack on a “conspiracy” charge in relation to drug trafficking or other drug-related crimes to help speed up the conviction. Why? It is much easier to convict someone of drug conspiracy than of a larger crime.
The federal drug defense attorneys from Westfall Sellers are here to explain how you can be charged with drug conspiracy, the penalties of drug conspiracy, as well as how to beat a federal drug conspiracy case.
How can I be charged for the acts of someone else?
According to conspiracy laws, a person is guilty of drug conspiracy if the prosecution can prove the following:
- The Defendant and at least one other individual agreed to commit a crime
- The Defendant knew the unlawful purpose of the agreement and joined willfully with the intent to further the unlawful purpose
In federal drug conspiracy cases, there is one catch. In other conspiracy charges, the prosecution must determine that you not only made an agreement to commit a crime but that substantial action was taken to complete the crime. This is what is known as an “overt act.” However, in drug conspiracy cases, an overt act does not have to be proven.
In other words, the criminal act does not need to have been successfully completed in order for you to be charged and convicted of conspiracy.
Penalties for federal drug conspiracy
What you should know is that federal drug conspiracy penalties don’t actually carry their own set of punishments.
The federal statutes for drug conspiracy charges covered in 21 U.S. Code §§ 963 state that: “Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.”
In other words, the penalties you face are directly tied to the crime you are being accused of taking part in. For example, if you are convicted of conspiracy for a drug trafficking crime involving controlled substances, you will face the federal drug trafficking penalties for that particular substance. Depending on the penalty group the drug in question is placed in and the amount that was trafficked, you could receive the mandatory minimum sentence of five years in prison or a life sentence in federal prison.
Though drug conspiracy charges do not seem as severe as an actual criminal act, you could be facing harsh and severe penalties for simply agreeing to a crime. This is why you need an expert federal drug attorney to defend your freedom.
Federal drug conspiracy defenses
The best way to know how to beat a federal drug conspiracy case is to gather sufficient evidence and prove your innocence. At Westfall Sellers, we utilize the following white collar crime defense strategies to help defend your federal drug conspiracy case.
- Wrong place, wrong time: In cases like these, it’s not uncommon for an unaware or unwilling party to be sucked into a conspiracy. A quick conversation regarding a crime can suddenly turn you into a conspirator. Simply being in a location where a conspiracy is happening makes you involved. With the help of your attorney, if you can prove that you were unaware of the conspiracy that you allegedly “agreed” to, or that you did not agree willingly at all, then you may not be held responsible for someone else’s actions.
- Illegal search and seizure: If any evidence that is used against you was obtained through an illegal search or seizure, an illegal search and seizure attorney can file a motion to suppress the evidence. Unlawfully obtained evidence should not be able to incriminate an innocent person. If proven, your charges may be dropped.
- Unreliable witnesses: Many drug conspiracy cases can arise from false testimonies. Sometimes, law enforcement only has someone’s word to go off of –– especially if they are obtaining their testimony from someone looking to lessen their sentence. Your attorney can establish that you had no contact with this person, that this person is being untruthful about your involvement, or that they are simply not a reliable person to take statements from.
- Coerced statements/confessions: If you and your attorney feel that you were forced or tricked by law enforcement to give a statement or a confession that would incriminate you, your confession would be deemed involuntary.
Westfall Sellers Attorneys Know How to Beat a Federal Drug Conspiracy Case. Contact Us Today for Top Defense.
No one should have to endure harsh federal drug crime penalties, especially if they are innocent. We want to help you avoid a lifetime behind bars. A top Fort Worth drug crime lawyer from Westfall Sellers has years of experience knowing how to beat a federal drug conspiracy case.
Contact a federal drug conspiracy attorney at Westfall Sellers today at 817-345-7920 to discuss your options and get your case off to the right start.
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