Federal criminal charges mean one thing. “It” has hit the fan.
Like all federal crimes, federal drug charges come with serious consequences, which can include crushing fines and a lengthy prison sentence upon conviction. This is in addition to the collateral consequences of having a felony conviction on your record, something that will limit the opportunities available to you for the rest of your life.
The action you take now can literally affect the rest of your life, for better or worse. Hiring the right defense attorney in Raleigh, from a firm with a proven ability to succeed in federal court, can make all the difference when it comes to limiting your exposure to the harsh criminal penalties prescribed by federal statutes and sentencing guidelines.
WHERE TO FIND THE BEST FEDERAL DRUG CHARGE DEFENSE IN RALEIGH
Federal criminal charges are a whole different ballgame than most state court proceedings, and require the help of a federal drug crime attorney in Raleigh who’s familiar with the legal issues and processes at hand. There is no substitute for experience.
For the criminal defense representation you need in order to protect yourself and your loved ones, look no further than the skilled Raleigh federal defense attorneys of Marcilliat & Mills PLLC.
Kevin Marcilliat has spent nearly the entirety of his career solely defending criminal cases, including federal drug prosecutions. You can put this valuable perspective on your side and have the peace of mind that comes with having a Raleigh federal drug crimes lawyer prepare you for what to expect throughout the federal criminal defense process.
STATE VS. FEDERAL DRUG CRIMES?
Generally, federal drug cases come with more significant sentences. Federal drug charges often involve larger quantities of drugs than state court prosecutions, resulting in charges that can trigger mandatory minimum prison sentences upon conviction.
At Marcilliat & Mills PLLC, we have successfully defended people charged with conspiracy, possession of a controlled substance with intent to distribute, and other federal drug crimes in federal courts, including the Eastern, Western, and Middle Districts of North Carolina. This includes defending people against charges of possession of a firearm in connection with a federal drug crime (commonly referred to as a “924(c)” charge)-this is a charge that, upon conviction, usually results in an additional mandatory 5-year sentence on top of the sentence for the underlying drug crime.
Some federal drug crimes come with mandatory minimum sentences if you are convicted in federal court, depending on the type and quantity of substance involved. There are certain “threshold” amounts of narcotics that trigger the applicability of these mandatory minimum sentences. Even if the Government has strong evidence that an individual possessed narcotics with intent to distribute, raising doubt as to the amount actually involved can be critical to a defense because such doubt can prevent applicability of these mandatory minimum sentences.
The federal drug crimes lawyer in Raleigh at Marcilliat & Mills PLLC‘s understanding of the prosecution’s case against you, combined with their rigorous advocacy and attention to detail, can help improve your chances of avoiding the harsh consequences of a federal drug conviction for crimes involving marijuana, methamphetamine, cocaine, opiates and other illegal substances.
How Federal Drug Investigations Typically Begin
Federal drug investigations usually start quietly, with the person being investigated unaware that it’s happening. Agents may watch a person for months or even years before making an arrest or even speaking with the defendant. They often use confidential informants, controlled buys, wiretaps, phone records, GPS data, and surveillance to build the case.
By the time the defendant is contacted by law enforcement and arrested, the government already has significant evidence. This is why it’s so important to get help from an attorney the moment you are contacted by law enforcement or the second after you are arrested.
PENALTIES STRUCTURE FOR FEDERAL DRUG CRIME CONVICTIONS
Federal mandatory minimum sentences were popular at the time they were implemented. There was a perception that gang members, dope pushers and other “dregs of society” were getting off too easily as a result of “touchy-feely” judges. The response was mandatory minimum sentences and a “war on drugs.” Unfortunately, having mandatory minimum sentences removes a judge’s discretion, resulting in some penalties that are harsher than the underlying facts of a case warrant.
At Marcilliat & Mills PLLC, we know the issues that come up in drug cases. Common issues are unreliable informants and challenges to illegally obtained evidence. Our Raleigh federal drug crimes attorneys will pursue all possible options for protecting you against the long prison sentences that can come with a federal drug crime conviction. We know from experience that bad things can and do happen to good people, and that otherwise good people can find themselves facing mandatory minimum sentences as a result of one bad decision. Our goal is that the rest of your life is not defined by your current circumstances.
Potential Defenses in Federal Drug Cases
Being arrested for a federal offense is often a frightening experience, but it doesn’t mean your life is over. The prosecutor still has to prove their case beyond a reasonable doubt; an arrest doesn’t mean a conviction. Here are some possible legal defenses your lawyer might raise on your behalf:
Challenging Illegal Searches and Seizures
Federal agents must follow the Fourth Amendment. If they searched a home, car, phone, or package without a valid warrant or a lawful exception, the defense can ask the court to suppress that evidence. When the primary evidence in a case is suppressed and can’t be used against you, that significantly weakens their case, sometimes destroying it altogether.
Questioning The Credibility of Informants
Many federal investigations start with a confidential informant. That witness may be paid, hoping for a deal, or trying to reduce their own charges. If they lied before or changed their story, the defense can point this out and argue that their story isn’t credible.
Disputing Drug Quantity
Drug quantity matters because it can change the guideline range and trigger mandatory minimums. The defense may challenge the lab report, the weight calculation, or whether the government counted material that should not have been included. Even if you can admit that you had drugs on you, determining that you had less than you’re accused of can have a significant impact on your case and sentence.
Lack of Knowledge or Intent
The government must show you knew the drugs were there and meant to possess or distribute them. If the drugs were in a borrowed car, a shared apartment, or a package sent to the wrong person, the prosecutor may have a difficult time proving that you had knowledge of the drugs and intent to possess or control them. Mere presence isn’t always enough, and the prosecutor still has to prove all elements of the crime beyond a reasonable doubt.
Entrapment in Certain Cases
Entrapment is not the most common successful defense, but it can happen and is still important to know about. This defense argues that officers or agents (like an informant) pushed someone into a crime they were not otherwise predisposed to commit. It’s not enough to just argue that the police gave the defendant the opportunity to commit the crime; the defense must establish that the defendant would not have otherwise committed the crime without this pressure from the police or their agents.
No two federal drug cases are the same, and the strongest defense depends on the specifics of the case.
CONTACT A FEDERAL DRUG CRIMES LAWYER IN RALEIGH TODAY
You can afford nothing less than a proven drug crimes lawyer in Raleigh when your rights, your freedom, your reputation and your future are on the line. You need a defense attorney with extensive experience in federal courts and a strong advocate who understands what the stakes are for you. In Raleigh, that means turning to the proven criminal defense attorneys of Marcilliat & Mills PLLC.
Give us every opportunity to mount an aggressive defense for you or your loved one as soon as possible. We will review your situation with you, cover your options, and begin working on a strong and effective defense for you. Call 919-838-6643 today for your case evaluation.