Individuals arrested and charged with transporting or distributing drugs may face charges of drug trafficking and drug conspiracy. By understanding what each of these crimes entails, you will be better positioned to establish an effective defense strategy.
Understanding Drug Trafficking Charges
Drug trafficking refers to the illicit trade and transportation of controlled substances. Federal law makes it illegal for a person to knowingly or intentionally manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense a controlled substance or counterfeit substance. Federal drug trafficking charges come into play when a person transports illegal drugs into the United States or across state borders. Most U.S. states also have laws under their state criminal codes that prohibit the transportation and distribution of controlled substances within state borders.
Understanding Conspiracy Charges
Drug conspiracy refers to working in concert with another person to commit a drug-related crime. Under state and federal criminal laws, a person commits this crime when they agree with one or more people to commit an underlying criminal offense, such as transporting or selling drugs. As a result, someone can be prosecuted for and convicted of a conspiracy charge even if they never completed the offense they had agreed to commit.
The Overlap Between Trafficking and Conspiracy Charges
Federal and state prosecutors may charge an individual with drug trafficking and drug conspiracy when they believe that person worked with others in an agreement to transport, distribute, or sell the drugs at issue. To be convicted of conspiracy, the person who purchased the drugs must have done so from someone who knew of or agreed to what the purchaser intended to do with the drugs. However, when a person acquires drugs from another individual as part of their agreement to transport and distribute the drugs, both individuals can face trafficking and conspiracy charges. Consequently, working with multiple people in an agreement to traffic illicit drugs can result in significant criminal penalties from the combination of a trafficking conviction and a conspiracy conviction.
Defenses to Drug Trafficking and Conspiracy Charges
There are various defenses available to those seeking to contest drug trafficking and conspiracy charges and pursue a favorable resolution of their case. Common defense strategies in drug trafficking cases include:
- Lack of possession: A defendant charged with drug trafficking may fight their charges by arguing that they did not have actual or constructive possession of the drugs at issue.
- Identity of seized substances: Defendants can challenge whether the substances seized from them constitute controlled substances or an analog or counterfeit drug.
- Motions to exclude evidence: A defendant could have evidence of the drugs at issue excluded from the case by showing that law enforcement obtained them through an illegal stop or search unsupported by reasonable suspicion or probable cause.
- Insufficient evidence of distribution: Depending on the quantity of drugs at issue, a defendant might claim that they intended to consume the drugs personally, not distribute them to others.
Common defenses to a conspiracy charge include:
- Lack of intent or knowledge: A defendant might contest a conspiracy charge by arguing that they did not intend or know that they had entered an agreement with one or more individuals. Alternatively, a defendant can show that an alleged co-conspirator did not intentionally or knowingly enter into a conspiracy with the defendant.
- Entrapment: In rare cases, a defendant might fight a conspiracy charge by arguing that law enforcement officials induced them into a criminal conspiracy when they did not intend to engage in it.
Contact Our Panama City Drug Defense Attorney Today
If you’re facing drug conspiracy or trafficking charges, get the legal representation you need to defend your rights, reputation, and future. Contact The Sombathy Law Firm today for a confidential consultation with an experienced criminal defense attorney to discuss your case and your options for fighting the charges against you.
