If you or a family member has been indicted in a significant federal drug conspiracy case and you're wondering about the potential outcomes, our team, with over 26 years of experience in these cases, can provide you with a clear understanding. Our federal criminal defense lawyers are here to guide you through the process.
I was involved in one of the original indictments in Los Angeles many years ago, so I know how these cases are typically resolved. Federal criminal prosecutions that involve drug distribution often include accusations under 21 U.S.C. § 846, which is the ordinary statute used for all types of drug-related criminal conspiracies.
Plea Agreement with Federal Prosecutor
On the one hand, the feds usually only indict people for drug crimes if they've got evidence, so they're going to have wiretap evidence. They'll have videotaped surveillance. They'll have people who have been busted who are cooperating with them. Therefore, most of these cases will be resolved through a plea agreement.
Let's say it's a 20-person indictment. A tiny percentage of those typically end up going to trial. Most of them will ultimately reach a deal with the government. Some of them will cooperate and sit down with the government to provide information about themselves, other individuals named in the indictment, and possibly others who aren't.
Other people will take their medicine. They'll realize the government has the goods against them and can prove the case. Maybe they're on wiretap admitting that they're involved in a drug conspiracy, or perhaps they were caught with a bunch of kilos of narcotics — whatever the case may be.
There will be those handful of defendants, though; in my experience, these are typically the leaders, organizers, and higher-ups in the conspiracy who don't want to take a deal. Either because they're looking at a significant amount of time, they figure it's worth their while to fight the case.
Perhaps they've a strong defense because they've kept themselves separate from the other defendants. That tiny handful of defendants will go to trial. Of course, all the marbles will be on the line for them, because if they're convicted, they're usually looking at mandatory minimums of double-digit time in federal prison.
Plead Guilty and Cooperate with the Government
Often, individuals who plead guilty will cooperate against others and testify against them. Ultimately, a jury will decide whether they're innocent or guilty.
If they're found innocent, they'll be done. If they're found guilty, the judge will sentence them according to the Federal Sentencing Guidelines, which is obviously what their attorney and the prosecutor argued for at the time of the sentencing.
Often, in cases of significant indictments, individuals will cooperate, triggering additional indictments as the feds uncover other individuals involved in or related to the drug conspiracy. They will either charge them in the same indictment with the other defendants or create an entirely separate indictment.
Sometimes, people can provide information about individuals involved in a drug conspiracy outside the district where the case is pending. For example, in other states, federal investigators in those states may be provided with this information.
They will investigate it and then indict more people in those states. Of course, the individuals who provided the information will be given credit through a downward departure, and their sentence will be mitigated accordingly, depending on the extent of their cooperation and the government's assessment of its value, whether it was of substantial benefit to the government.
How To Avoid a Lengthy Prison Sentence in a Federal Case
Most people charged with federal crimes want to avoid custody. If they have to go into custody, they're trying to do the least amount of custody possible, and you certainly don't blame them.
Let's discuss ways to avoid a lengthy federal prison sentence. One way to prevent it is by obtaining what is called the “safety valve.”
This usually is available in drug cases, and it has to do with people who do not have a lengthy criminal record, are not a leader or organizer of the crime that they're involved with – they're more of an average participant – and did not use a weapon during the offense.
These are some of the factors that are going to be evaluated when assessing whether or not a safety valve might apply to you. The two things a safety valve could potentially do are:
- One, shave two points off your sentence, which could be significant, and
- Two, it can get you under a mandatory minimum – whether it be a 5-, 10-, or 15-year mandatory minimum.
The safety valve may be available in your case. You should discuss it with your attorney to evaluate how to handle your case, as it is an effective way to avoid a lengthy federal criminal sentence.
Another way to avoid a federal criminal sentence is a “5 K1 departure.” This has to do with cooperating with the government through the assistance of your attorney. Suppose you can successfully do that, and the government believes you have provided them with substantial assistance. In that case, you can get unlimited points shaved off your sentence and avoid a mandatory minimum if that applies in your particular case.
So, these are two very effective ways – safety valve and 5K departure – and of course, the final way to avoid a lengthy federal sentence is to go to trial, beat the government, or beat the government in a motion and get your entire case dismissed and then you will do no time at all.
Contact our Federal Criminal Lawyers for Help
Therefore, it's essential to recognize that in many of these multi-defendant indictments, the number of defendants will be significantly reduced, often to just a handful, before the case proceeds to trial. It's a rare occurrence to see a large group of defendants going to trial, as the federal government tends to file cases only when it believes it can win.
So, if you or a loved one is charged with a significant federal drug conspiracy case, including RICO charges, don't hesitate to reach out. I'm here to leverage my 26 years of experience to benefit you. Pick up the phone and make the call- I'm ready to help.
Hedding Law Firm is a federal criminal defense law firm located at 16000 Ventura Blvd, Suite 1208, Encino, CA 91436. We are also at 633 West Fifth Street, Los Angeles, CA 90071. Contact us for a free case evaluation at (213) 542-0994.
Related Content: