Federal Drug Trafficking Lawyer

If you have been charged with drug trafficking as a federal crime, it is vital that you seek legal assistance from an experienced criminal defense lawyer. Coming up against the federal government without legal assistance is a risk that we do not recommend taking, as it could cost you your freedom and your future. With the help of an experienced attorney, you may be able to negotiate a fair plea bargain to reduce your sentence or get your charges thrown out completely.

At Cannon & Associates, our attorneys have significant experience fighting federal drug charges and we have helped numerous clients get successful outcomes for their cases. Whether it is negotiating a fair plea bargain, investigating your case, or fighting the charges at trial, our lawyers are prepared to do everything we can to ensure a positive outcome for your case. Our lawyers have been ranked among the National Top 40 Under 40 Trial Lawyers, and have consistently high AVVO ratings.

Call us today to schedule a free consultation at 405-591-3935.

What is Drug Trafficking?

When most people think of federal drug trafficking, they imagine dramatic cartel scenes from movies or TV shows. But in reality, federal drug trafficking charges cover a much wider range of situations. If you’re caught with a certain amount of a controlled dangerous substance (CDS), you could face serious federal or Oklahoma state trafficking charges—even if there’s no evidence you were selling or transporting drugs.

Drug Trafficking as a Federal Drug Crime

Federal drug trafficking charges typically involve transporting drugs across state lines or international borders. That’s why agencies like the DEA and FBI get involved. In contrast, if the alleged drug activity takes place only within Oklahoma, state or local law enforcement—like the OSBI or local police—usually handle the case.

For example, transporting drugs from Mexico through Texas and Oklahoma, headed for the East Coast, would fall under federal jurisdiction.

Possession Can Be Enough

Under Title 21 U.S.C. § 841, federal drug trafficking charges don’t require proof that you intended to distribute drugs. Simply possessing a specific quantity of certain substances can trigger trafficking charges under the Federal Sentencing Guidelines.

If you’re caught with just under the required amount, you may face a lesser charge—federal drug possession—which carries lighter penalties.

Mandatory Minimum Sentences for Drug Trafficking

Federal drug trafficking once carried strict mandatory minimum sentences. For instance, possessing:

  • 100 grams of meth

  • 50 grams of crack cocaine

…could lead to a minimum 10-year prison sentence, with no chance of early release.

But in 2005, the U.S. Supreme Court ruled in U.S. v. Booker that judges are no longer bound by these guidelines. Today, federal judges can consider mitigating factors and impose more individualized sentences.

WHAT ARE ‘ILLEGAL DRUGS’ UNDER FEDERAL LAW?

Illegal drugs, or controlled substances, are divided into categories under the Controlled Substances Act, depending on the level of risk they pose to members of the public for harm and addiction. Controlled substances in higher schedules are generally regarded as more serious than lower schedules. As such, drug trafficking charges relating to controlled substances in Schedule I will have more serious penalties than charges relating to Schedule IV drugs.

Schedule I

The highest schedule of drugs with little or no medical benefit and the highest risk to the public. Schedule I controlled substances include heroin, LSD, marijuana, and ecstasy.

Schedule II

High risk of harm and addiction to members of the public with medical use in some instances. Drugs in this schedule include cocaine, methadone, Ritalin, Adderall, methamphetamine, and fentanyl.

Schedule III

Lower risk of harm and addiction, such as ketamine, testosterone, anabolic steroids, and controlled substances with more than 90 milligrams of codeine.

Schedule IV

Prescription drugs that are prescribed by doctors frequently however still pose a risk of addiction and harm if unregulated. Examples include Xanax, Tramadol, Ambien, and Valium.

Schedule V

Drugs in this schedule are considered to pose the lowest risk of harm to members of the public however still need to be regulated to prevent addiction and misuse. Examples include Lomotil, Motofen, and Lyrica.

When it comes to drug trafficking cases, there are some illegal drugs that are the subject of frequent investigation and prosecution by federal authorities, such as cocaine, heroin, marijuana, ecstasy, methamphetamine, and prescription drugs. As most of these substances are contained in higher schedules, the penalties for federal drug trafficking charges relating to these drugs can be extremely harsh.

Penalties For Federal Drug Trafficking Charges

As noted previously, the penalties you can receive for federal drug trafficking charges vary significantly depending on the type of substance found in your possession. The penalties will also depend on the quantity of a controlled substance you are charged with trafficking and whether there were aggravating factors, such as the presence of a weapon.

The penalties for federal crimes are typically far more severe than state drug trafficking penalties, as you will be subject to the jurisdiction of the federal court. There are usually federal sentencing guidelines in place depending on the particular substance and you may be subject to a mandatory minimum sentence in federal jail. Potential penalties for federal drug trafficking cases can include:

  • Mandatory minimum sentence of 10 years for many drug trafficking convictions. This increases to a minimum of 20 years for more than one kilogram of a controlled substance, and life imprisonment if you have been convicted of more than two felony offenses.
  • Fines ranging from $250,000 to $10 million.
  • Lengthy probation periods.
  • A permanent criminal record.

Federal prosecutors take a tough approach towards those charged with drug trafficking and if convicted, the Judge will be required to impose mandatory minimum sentences. A drug trafficking conviction may result in you spending a long time in federal prison, having to pay extortionate amounts of money to the government, and facing difficulties when you finish your sentence with a criminal record. When coming up against federal authorities, it is vital that you get assistance from a drug trafficking attorney.

Do I Need To Hire a Criminal Defense Attorney?

When it comes to federal drug trafficking charges, the stakes are high. The consequences of a serious drug felony conviction can be extreme, and if convicted, you will be subject to severe penalties such as mandatory minimum sentencing and huge fines. As noted, federal prosecutors are usually equipped with a wide range of resources that makes securing a conviction a lot easier. When it comes to drug trafficking, prosecutors are known to take a tough approach toward alleged offenders.

In addition, the federal court process is significantly different from the Oklahoma state criminal courts. Trying to navigate this process without an experienced criminal defense attorney can be quite difficult. From the get-go, your attorney will need to investigate the drug crimes charges brought against you and try to build a strong defense. Most prosecutors do not want to bring cases to the federal court, which is why negotiating a fair plea deal is essential.

By investigating your case and building a defense on your behalf, your criminal defense lawyer will negotiate with the prosecutor to try and lower your sentence significantly or get the drug trafficking offense charge thrown out. This way, you can try to avoid going to court and facing mandatory minimum sentencing from a trial jury.

In the event that you want to bring your case to court, you will need to hire a strong criminal defense lawyer with significant experience fighting drug crime cases in federal court. Your attorney must have a deep understanding of federal law, have a strong criminal defense built on your behalf, and have the time and resources necessary to ensure that you get a successful outcome for your case.

Defense Strategies for Federal Drug Trafficking Charges

The most important thing for any person fighting against drug crime charges is to have a strong criminal defense strategy. The penalties for a federal drug trafficking conviction are severe, and the only way to get these penalties reduced or potentially get your drug trafficking charges thrown out is to have a strong criminal defense for your case. The attorney that you hire for your case should build up a strong defense strategy based on the facts of your case, the evidence at hand, and their skills as a criminal defense attorney.

Some defense strategies they may use include:

  • Defense 1: Illegal Search or Seizure

    If law enforcement violated your Fourth Amendment rights—for example, through an illegal traffic stop or warrantless home search—we’ll file a motion to suppress any evidence obtained unlawfully.

  • Defense 2: Miranda Rights Violation

    Statements made to police without being informed of your Miranda rights may be inadmissible. If you weren’t told you had the right to remain silent or to speak to a lawyer, we’ll fight to have those statements excluded.

  • Defense 3: Lack of Possession

    You must have actual or constructive possession of the drugs to be found guilty. Constructive possession means you had control or intent to control the drugs. If the prosecution can’t prove this, the charge may not stand.

  • Defense 4: Entrapment

    If law enforcement coerced or pressured you into committing the crime through a sting operation, you may have an entrapment defense. We’ll carefully examine the facts to raise this defense when appropriate.

A skilled attorney will need to investigate your case thoroughly, examine the evidence brought against you, consult with witnesses, and have a deep understanding of federal criminal law to build a strong defense for your case. Contact one of the federal drug trafficking attorneys at Cannon & Associates today to discuss what type of defense strategy may be available for your case.

Contact a Federal Drug Trafficking Lawyer at Cannon & Associates!

Drug trafficking is one of the most serious federal offenses, carrying harsh penalties like long prison terms, hefty fines, and a permanent criminal record. If you’re charged, it’s natural to be extremely concerned about what’s ahead.

The best way to fight federal drug charges is with a skilled criminal defense attorney who knows federal law inside and out. At Cannon & Associates, our award-winning lawyers, led by top-rated attorney John Cannon, have the experience needed to defend your case effectively.

Our team will thoroughly investigate your case, build a strong defense, and negotiate for fair plea deals—or fight to dismiss your charges in court if needed. Protecting your rights and your future is our top priority in federal drug trafficking cases.

Call us today at 405-591-3935 to schedule a free consultation with a drug trafficking defense lawyer.

Drug Trafficking Frequently Asked Questions

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