If you’re facing potential federal charges related to distribution of drugs at schools, it’s crucial to understand the law that applies to your situation. One of the drug crimes that might apply to your situation is Title 21 U.S. Code, Chapter 13, Subchapter I, Part D, Section 860. Below, we’ll explain this statute, focusing on its key points and implications for individuals accused of distributing or manufacturing controlled substances near schools and colleges.
Facing federal drug manufacturing charges in New Jersey? Choose drug trafficking defense lawyers at The Law Offices of Jonathan F. Marshall for skilled representation. With over 200 years of combined experience, including former prosecutors on our team, we have the knowledge and insight to fight for your rights. Our attorneys have been recognized by the National Trial Lawyers and Super Lawyers Rising Stars. Contact us at (877) 534-7338 or online for a consultation with our certified Criminal Trial Attorney. Protect your future with our experienced legal team.
Penalties For Violating Federal Law
The law states that if you distribute, possess with intent to distribute, or manufacture a controlled substance within a certain distance from educational institutions or specific locations, you can face enhanced penalties. These locations include schools (elementary, vocational, secondary), colleges, playgrounds, public housing facilities, youth centers, swimming pools, and video arcades.
If you’re found guilty of violating this law, here are the potential penalties you may face:
- The punishment can be twice as severe as the maximum penalty outlined in Section 841(b) of Title 21, which deals with drug offenses.
- You could be subject to at least twice the term of supervised release specified in Section 841(b) of Title 21 for a first offense.
- In addition to imprisonment, you may be fined up to twice the maximum amount authorized by Section 841(b) of Title 21.
It’s important to note that, unless a greater minimum sentence is specified in Section 841(b) of Title 21, the minimum imprisonment term is one year. It’s also worth mentioning that offenses involving 5 grams or less of marijuana are exempt from the mandatory minimum sentencing provisions.
Penalties For Repeat Offenders Of Federal Drug Crimes
If you commit the same offense again after a previous conviction under subsection (a), the penalties become more severe. In such cases, you may face:
- A term of imprisonment ranging from three years to life, or three times the maximum penalty specified in Section 841(b) of Title 21 for a first offense (whichever is greater).
- At least three times the term of supervised release authorized by Section 841(b) of Title 21 for a first offense.
- In addition to imprisonment, you could be fined up to three times the maximum amount authorized by Section 841(b) of Title 21.
Employing Children In Drug-Related Activities
The law also addresses the employment of children for drug-related activities near schools or playgrounds. It states that anyone aged 21 or older who knowingly and intentionally:
- Employs, hires, or coerces a person under 18 to violate this law.
- Uses a person under 18 to help them evade law enforcement for a drug-related offense under this law.
If found guilty of charges brought by the federal government, you could face imprisonment, a fine, or both, up to triple the penalties authorized by Section 841 of Title 21.
No Sentence Suspension, Probation, Or Parole
If a mandatory minimum sentence is imposed under this law, you cannot have your sentence suspended or be granted probation. Additionally, you won’t be eligible for parole until you’ve served the mandatory minimum imprisonment term as outlined in this law.
Defenses
There are a few potential defenses that a criminal defendant could consider. It’s important to consult with a lawyer to determine the best defense strategy based on the specific circumstances of the case. Here are some possible defenses:
Lack Of Proximity
The statute specifies that the offense applies to drug distribution or manufacturing within a certain distance of schools, colleges, or other designated locations. If it can be established that the alleged offense occurred outside the specified distance, it may serve as a defense.
Lack Of Knowledge
If the defendant can show that they were unaware of the presence of a school or designated location in the area where the alleged offense took place, it may be a viable defense. This defense relies on demonstrating that the defendant had no knowledge of the location’s status and thus did not intentionally violate the statute.
Insufficient Evidence
Challenging the prosecution’s evidence is a common defense strategy. This may involve disputing the accuracy or reliability of witness testimonies, surveillance footage, or other evidence presented by the prosecution. If the evidence is weak or insufficient, it can cast doubt on the defendant’s guilt.
Unlawful Search And Seizure
If the drugs or evidence were obtained through an unlawful search or seizure conducted by law enforcement, it could be grounds for suppressing the evidence. The Fourth Amendment protects individuals from unreasonable searches and seizures, and any violations of these rights may result in the exclusion of evidence.
Lack Of Intent
If the defendant can demonstrate that they did not possess the intent to distribute or manufacture controlled substances, it may serve as a defense. This defense could involve presenting evidence that the drugs were for personal use or that the defendant had no involvement in drug-related activities.
Mistaken Identity
If there is a case of mistaken identity or the prosecution cannot establish beyond a reasonable doubt that the defendant was the person involved in the alleged offense, it can be a strong defense.
Federal Drug Manufacturing Attorney In New Jersey
Are you facing federal drug manufacturing charges in New Jersey and in need of skilled and experienced legal representation? Look no further than The Law Offices of Jonathan F. Marshall. With a collective experience of over 200 years, our team of dedicated criminal defense attorneys is fully equipped to handle your drug crime case and fight for your rights. What sets us apart is the fact that four of our attorneys were former assistant county prosecutors, holding prominent positions within divisions such as the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, and Juvenile Division. This invaluable experience gives us a unique insight into the strategies employed by prosecutors, enabling us to craft a strong defense tailored to your specific circumstances.
Additionally, our firm boasts multiple attorneys who have been selected to the National Trial Lawyers Top 100 or Top 40 Under 40, recognizing their exceptional legal skills and achievements. Furthermore, two of our lawyers have recently been chosen for the highly esteemed Super Lawyers Rising Stars 2021 list for New Jersey, an honor bestowed upon just 2.5% of attorneys in the state. Moreover, we take great pride in having an attorney who is Certified by NJ Supreme Court as a Criminal Trial Attorney. Fewer than one percent of lawyers in NJ hold that distinction.
When you choose The Law Offices of Jonathan F. Marshall, you can trust that you are receiving top-tier representation from a highly qualified and respected legal team. Your future is at stake, and we are committed to helping you achieve the most favorable outcome to your federal drug crime charges. Don’t hesitate to contact us today at (877) 534-7338 or visit us online to schedule a consultation with our esteemed Criminal Trial Attorney. Take the first step towards securing your rights and protecting your future.
