Even if you have never used, bought, or sold any illegal narcotics, you may still be a target of federal law enforcement authorities. Drug enforcement is serious business for the federal government agencies that investigate them, and they can and will use every tool at their disposal to investigate and prosecute people who they believe have violated Federal drug laws. Perhaps no weapon in the federal law enforcement arsenal is as powerful as the drug conspiracy charge.
What Exactly Constitutes a “Conspiracy”?
Each state may have its own legal definition of conspiracy and those definitions may differ from one another and from federal law. This article limits itself to a discussion of Federal conspiracy law. Specifically, Federal drug law. Under Federal drug conspiracy law there must be 1) an agreement 2) between two or more persons to possess with the intent to distribute a controlled substance. It is important to note that Federal drug conspiracy law does NOT require that the conspirators take an affirmative step or act toward accomplishing the objective of the conspiracy. In other words, if you and at least one other person agrees to possess illegal drugs and at the time you agree your intent is that the drugs be distributed to another, you have committed a federal drug conspiracy. Note that no additional act on your part or the part of any other person is required to establish a federal drug conspiracy.
Who May Be Implicated in a Drug Conspiracy?
In many cases, a prosecutor will indict the people who are at the top of any organization, but they will also not hesitate to indict those who are minor or minimal participants or are otherwise at the periphery of a drug conspiracy. A cynic might argue that the idea is to indict all potential co-conspirators, some of the accused will provide information or even testify against others in the hopes of securing for themselves a more favorable outcome—and possibly implicate even more people in the drug conspiracy.
Some traditional investigative techniques upon which law enforcement relies include visual surveillance, informants, search warrants, traffic stops, and wire warrants for recording phone and text messages.
Call a McKinney Drug Crimes Lawyer Today
When it comes to federal drug conspiracy cases, experience and understanding of this complex area of law is critical to position yourself for the best possible outcome. At Rosenthal & Wadas, we have years of experience in the Federal courts representing people on drug conspiracy cases, including multiple jury trials, appeals and contested sentencing hearings. If you have been implicated in a drug conspiracy—or fear you may become a target—it is important that you speak with a Collin County criminal defense attorney right away. Contact the offices of Rosenthal & Wadas, PLLC, if you require immediate legal assistance from an Allen criminal defense attorney.