Federal Drug Crimes

New Jersey Federal Drug Crimes Defense Attorneys

All drug offenses are considered both state and federal crimes. Anyone arrested for any drug crime can end up in the federal court system. If it has happened to you, you need to know that federal punishment for possession, distribution, manufacturing or trafficking illicit drugs is much harsher than state penalties in virtually every case.

You need an attorney as soon as possible who has federal drug crime defense experience to protect your rights and possibly your freedom. The New Jersey drug crime attorneys at the Law Offices of Jonathan F. Marshall have the federal experience and strategic defense thinking needed to protect you.

• Our attorneys have decades of combined experience as prosecutors and public defenders who have been on both sides of drug crime cases throughout New Jersey.
• Individuals from across the state who have faced federal drug crime charges are glad they turned to our law firm when they needed help.
• Whether your federal drug case involves charges of heroin or cocaine trafficking, meth lab crimes, money laundering and/or an international smuggling conspiracy, we know how to sort through the evidence to build a defense that protects your interests.

Decisions you make now could have significant impact on your future. Call or fill out our online form today to set up a free and confidential legal consultation with one of our experienced federal drug crimes attorneys at any of our nine New Jersey law offices.

Why Make a Federal Case Out of a New Jersey Drug Offense?

Both federal and state laws make it illegal to possess, use, sell, distribute or manufacture certain drugs, or controlled substances, or controlled dangerous substances, as they are known under New Jersey law.

While most drug crime arrests are made by local police, many drug crimes begin as, or become, federal cases.

A New Jersey drug crime may be pursued as a federal offense because of:

• Jurisdiction (location). Criminal activity that crosses state lines or occurs on federal land, such as a national park or military base, will be prosecuted in federal court. If you are arrested by a federal law enforcement officer, such as while on federal land or at an airport, the case will go to federal court. Being found in possession of drugs and having traveled from New Jersey into New York, Pennsylvania, or another state, with them could result in federal charges. Evidence of having crossed state lines to sell, buy, obtain or deliver drugs will certainly result in federal charges. Smuggling drugs across international borders is a federal offense.
• Federal / State Cooperation. Serious federal drug charges usually reflect evidence gathered against many individuals over the course of a long and expensive investigation. These types of investigations are usually undertaken by cooperating state, federal and possibly local authorities. Once evidence for indictments and arrests is solidified, federal authorities take control because the “feds” have more resources and federal penalties are more severe.
• Plea Bargains. In large drug trafficking or smuggling investigations, authorities may pressure suspects they have evidence against to inform on others in the alleged drug ring in exchange for lighter charges or sentences. This maneuver typically works upward. Lower-level participants are “flipped” to inform on ringleaders. If the informant faces federal charges, anyone they inform on is likely to be charged by federal authorities, as well.
• Seriousness of Charges. Federal authorities may step in if drug charges involve a large quantity of drugs or money, a large number of people, or the manufacture or trafficking of drugs. If federal crimes, such as money laundering, are alleged in connection with drug crimes, federal authorities will take over prosecution. In such cases, an indictment may also include charges of conspiracy or Federal Racketeer Influenced and Corrupt Organization Act (RICO) violations.

Serious federal crimes are charged by grand jury indictment. This means that the U.S. Attorney’s Office has presented incriminating information to a grand jury over a period of weeks or months, then asked the grand jury to return specific criminal charges against one or more defendants.

Federal Drug Crimes Carry Mandatory Sentences

While a first-time offender charged under New Jersey drug laws has several opportunities to avoid jail time, an individual facing federal drug charges will almost certainly serve time in prison if convicted.

Many federal statutes include a specified minimum term of imprisonment for violations. The Anti-Drug Abuse Act of 1986 created mandatory minimum penalties for many drug trafficking offenses. Congress further extended the reach of these mandatory minimum penalties in 1988 to drug trafficking conspiracies.

Congress established additional penalties for distributing drugs to persons who are under the age of 21 or who are pregnant, distributing drugs in or near schools and colleges, and using persons under the age of 18 in drug operations. Higher penalty ranges also apply if death or serious bodily injury results from use of a controlled substance the defendant distributed.

Statutory mandatory minimum penalties for certain drugs are first tied to the quantity and type of controlled substances in the offense. The first tier establishes a five-year mandatory minimum penalty and a maximum term of 40 years, while higher weight thresholds increase the mandatory minimum to 10 years with a maximum term of life imprisonment.

Some specific drugs and the triggering weights include:

• Any other Schedule I or II controlled substance: up to 20 years
• Most Schedule III controlled substances: up to 15 years
• Schedule IV controlled substances: up to 5 years
• Schedule V controlled substances: up to 1 year.

These penalties are further enhanced with fines of $100,000 to $250,000 for Schedule V drugs, to potentially $1 to $50 million for Schedule I to IV drugs.

An individual convicted of a federal drug trafficking charge will have their penalty further increased if they have prior offenses on their record.

A mandatory minimum penalty of 5 years to 40 years would be increased to 10 years to life if the offender had a prior conviction for a felony drug offense. A 10-year mandatory minimum would become 20 years to life.

Offenders previously convicted of two or more prior drug felonies (state or federal) face a mandatory minimum term of life in prison.

Simple possession of a controlled substance under federal law is punishable as follows:

• First offense: up to 1 year in jail and a minimum fine of $1,000.
• Second offense: 15 days in jail (mandatory minimum) to 2 years and a fine of up to $2,500.
• Subsequent offenses: 90 days in jail (mandatory minimum) to 3 years in prison and a fine of up to $5,000.

Possession of Flunitrazepam, also known as Rohypnol or the “date rape drug,” is punishable by up to 3 years in jail on any offense, and a fine of up to $250,000.

How Our Federal Drug Crime Attorneys Can Help You

If you’re now facing drug charges under a federal indictment, or if you have reason to believe that you’re under investigation by the U.S. Attorney’s Office and federal law enforcement agencies, the sooner you call a lawyer the better off you’re likely to be.

Involving an experienced federal drug crime defense attorney in your defense prior to formal charges can be highly beneficial.

There is no right to cross-examination or other direct participation by defense counsel during the grand jury phase of a federal investigation. However, there are many other opportunities for the target of the investigation to benefit from the help of an experienced defense attorney, who can:

• Monitor the investigation and the grand jury testimony to get an idea of the evidence against you
• Work with the prosecution to clarify your status as a witness, target, subject or other person of interest in the investigation
• Conduct an independent investigation of the facts, evidence and potential charges
• Advise you about your own testimony or cooperation with investigators if you have received a subpoena or a visit from federal agents

Following an indictment, we can work to challenge the validity of the government’s case.

In some cases, we can attack the charges on the basis of flawed testimony or credibility of an alleged co-conspirator or undercover agent. Sometimes, we can even give the government a choice between dropping the charges and revealing the names of confidential informants against you.

Other issues may be raised to challenge the government’s cases, including:

• Improper or illegal search and seizure
• Chain of custody issues with the drugs alleged to have been in your possession
• Mistaken identity, due to faulty accusations, a flawed lineup, or another improper procedure or error
• Racial, ethnic, socio-economic or other bias against you (profiling)
• Inability of prosecutors to establish possession, or intent to sell or distribute the drugs in question

Any of the above may result in drugs, cash, paraphernalia, testimony, etc., being excluded from evidence and the charges stemming from disqualified evidence being dropped or substantially reduced.

If it is necessary or it serves your interests best, we will be prepared to go to trial and demonstrate to the judge and jury that justice demands a not-guilty verdict in your case.

Federal drug charges are serious and often complex, but the federal government must be able to prove its case. It is important that you understand what you’re up against—good or bad.

Call or fill out our online form today to talk to one of our experienced federal drug crimes attorneys about your case. We can meet in any of our nine offices in New Jersey to outline the legal options available, and the best steps to take to protect yourself.

Once engaged as your legal representatives, we can secure your release if you are being held, and begin an independent investigation into the case and negotiations with prosecutors about reducing or dismissing charges.

Penalties For Distribution/Manufacturing/Possession With Intent To Distribute (21 USC § 841(A)(1))

This statute covers various drug-related offenses, including distribution, manufacturing, and possession with the intent to distribute. The maximum sentence for these offenses is typically 20 years in prison.

However, if specific quantities of drugs are involved, mandatory minimum sentences come into play:

• If you possess or distribute 5 grams or more of actual meth, or 28 grams or more of crack, you may face a mandatory minimum sentence of five years and a maximum of 40 years.
• Possessing or distributing 50 grams or more of a mixture containing meth, or 40 grams or more of fentanyl, can result in the same mandatory minimum sentence.
• In the case of heroin, if you possess or distribute 100 grams or more, you may face a mandatory minimum sentence of ten years and a maximum of life in prison.
• The possession or distribution of 500 grams or more of cocaine, or 1 gram or more of LSD, can result in a mandatory minimum sentence of ten years and a maximum of life.
• Possessing or distributing 100 kilograms or more of marijuana (or 100 or more plants) can lead to a mandatory minimum sentence of ten years.

If you have a previous felony drug-related conviction or are considered a career offender with multiple felony drug crimes or offenses of violence, your penalties can be further increased.

Penalties For Conspiracy/Attempt (21 USC § 846)

The penalties for drug conspiracy or attempt mirror those for distribution offenses, with similar mandatory minimum and maximum sentences.

Penalties For Obtaining Controlled Substances By Misrepresentation, Fraud, Etc. (21 USC § 843(A)(3))

Engaging in drug diversion offenses, which involve obtaining controlled substances through misrepresentation or fraud, carries a maximum sentence of four years.

Penalties For Using A Communication Facility To Help Facilitate A Drug Felony (21 USC § 843(B))

If you use a telephone or other communication facility to arrange a drug transaction, each use can lead to a maximum sentence of four years.

Penalties For Simple Possession (21 USC § 844)

Merely possessing drugs without the intent to distribute is considered a misdemeanor offense. The maximum sentence for simple possession is one year. However, if you have prior drug convictions, the offense can be elevated to a felony with more severe penalties.

Penalties For Continuing Criminal Enterprise, Also Known As The Drug Kingpin Statute (21 USC § 848)

If you’re found to be the leader of an organization involving five or more individuals engaged in a series of drug violations, you may be charged under this statute. The mandatory minimum sentence is 20 years, with a maximum of life in prison. In certain circumstances, a mandatory life sentence or even the death penalty may be imposed.

Penalties For Maintaining A Drug-Involved Premises, Also Known As The Crack House Statute (21 USC § 856)

Opening, renting, maintaining, or leasing a property for drug manufacturing, distribution, or use can result in a maximum sentence of 20 years. This also applies to individuals who manage or control such premises, including property owners and landlords.

Penalties For Interstate Travel In Aid Of Racketeering – “Travel Act” (18 USC § 1952)

Engaging in interstate travel or using mail or communication facilities (telephone/internet) with the intent to facilitate drug trafficking carries a maximum sentence of five years.

Defenses That Can Potentially Apply Based On The Mentioned Statutes

Lack Of Knowledge Or Awareness

One defense strategy is to argue that you had no knowledge of the presence of drugs or that you were involved in drug-related activities. If you can demonstrate that you were unaware of the illegal nature of the substances or the criminal activity, it may cast doubt on your involvement in drug trafficking.

Lack Of Intent To Distribute

Intent is a crucial element in drug trafficking offenses. You can assert that you did not possess the intention to distribute or manufacture drugs. Instead, you may argue that you had the drugs solely for personal use or for another lawful purpose, such as medicinal use with a valid prescription.

Illegal Search And Seizure

The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. If the drugs were obtained through an illegal search or seizure, your defense attorney can challenge the admissibility of the evidence in court. For instance, if the police conducted a search without a proper warrant or lacked probable cause, the evidence obtained may be suppressed.

Entrapment

Entrapment occurs when law enforcement induces or coerces an individual into committing a crime that they would not have otherwise committed. If you can show that you were not predisposed to engage in drug trafficking and that the primary cause of the offense was the actions of law enforcement, an entrapment defense may be applicable.

Insufficient Evidence

Your defense attorney can scrutinize the prosecution’s evidence to identify weaknesses or inconsistencies. This may involve mounting a challenge to the chain of custody of the drugs, questioning the accuracy of lab tests, or challenging the credibility of witnesses. Insignificant evidence or doubts regarding the reliability of the evidence can significantly strengthen your defense.

Constitutional Violations

If your constitutional rights were violated during your arrest, investigation, or interrogation, it can provide grounds for a defense. For example, if law enforcement failed to read you your Miranda rights, denied you access to legal representation, or engaged in coercive or abusive tactics, your defense attorney can argue that the evidence obtained as a result of those violations should be suppressed.

Mistaken Identity Or Alibi

If there is a possibility of mistaken identity, meaning you were falsely identified as the individual involved in the drug trafficking offense, your defense attorney can present evidence to support this claim. Additionally, if you have a verifiable alibi that proves you were not present at the scene of the crime during the alleged time period, it can undermine the prosecution’s case.

It’s important to note that the effectiveness of these defenses depends on the specific circumstances of your case. Consult with a skilled criminal defense attorney who can assess the details of your situation, identify applicable defenses, and develop a comprehensive legal strategy tailored to your defense.

New Jersey Federal Drug Charge Lawyer

If you have been charged with federal drug distribution, drug manufacturing, or drug possession with the intent to distribute in New Jersey, don’t face the legal battle against the federal government alone. Contact The Law Offices of Jonathan F. Marshall today at (877) 534-7338 or online for a strong defense strategy tailored to your case.

At The Law Offices of Jonathan F. Marshall, our team of experienced lawyers is ready to go head-to-head with prosecutors on your behalf. With over 200 years of combined experience and a dedicated focus on criminal law, our 11 criminal defense attorneys have the knowledge and training to fight for the most favorable outcome in your case.

What sets us apart is our extensive background in the legal system. Our team includes seven former prosecutors, four of whom held directorial positions in divisions such as the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division. This invaluable experience gives us unique insights into the prosecution’s tactics and strategies.

We take pride in our attorneys’ recognition within the legal community. Multiple members of our firm have been selected to the prestigious National Trial Lawyers Top 100 or Top 40 Under 40. Furthermore, two of our lawyers were recently chosen for the Super Lawyers Rising Stars 2021 list for New Jersey, a distinction awarded to only 2.5% of attorneys in the state. Additionally, we have an attorney certified by Supreme Court of NJ as a Criminal Trial Attorney. Under one percent of lawyers in NJ hold that distinction.

Your future is at stake, and you deserve the best defense possible. Don’t wait another moment. Contact The Law Offices of Jonathan F. Marshall at (877) 534-7338 or online to schedule a consultation and let us fight for your rights. Together, we will strive for the most favorable outcome in your federal drug case.

Discover more on federal offenses in New Jersey.

Contact Our Federal Drug Crimes Defense Attorneys Today

Do not wait to begin developing a strong legal response to federal drug crime charges. Federal prosecutors typically do not move forward without strong evidence, and mandatory federal penalties are severe. Schedule a free consultation with our respected New Jersey federal drug crime lawyers now.