Dallas Drug Trafficking Defense Lawyer

What to Expect If You’ve Been Arrested on a Federal Drug Charges in Dallas

Most people learn they are the target of a federal drug case when they are arrested and brought to federal court. Although you may be blindsided by the arrest, you need to be prepared for what will likely be a long battle.

Detention Hearing

In federal drug cases, the government usually will move to detain the defendant pending trial. Federal law generally presumes the burden is on the defendant to show there is no risk to the community or risk that the defendant will flee the jurisdiction. Your Dallas drug defense lawyer would make this argument at a federal detention hearing.

Typically, on the day of arrest, the government will request that the detention hearing be delayed two or three days.

 

Discovery

After the case is indicted and you have made your initial appearance in court, the prosecutor will begin the process of providing your defense team with “discovery.” Discovery primarily consists of all the physical and electronic evidence the prosecution has gathered in the course of its investigation. It often contains paper documents, photographs, emails, bank records, video and audio recordings, etc.

Oftentimes, discovery does not contain sworn statements of witnesses nor memoranda of interviews of witnesses. Federal investigators rarely collect sworn statements from witnesses but merely record what the witness told them in a memorandum of interview. The defense is not generally entitled to these memoranda prior to trial, but many prosecutors choose to make them available to the defense.

Plea Bargain

Most federal drug cases result in a plea bargain. This is because in most cases, there is strong evidence against the defendant, such as the defendant being the subject of a “sting” operation resulting in video or audio evidence, or the defendant being caught in the presence of large amounts of drugs. Moreover, there are usually several people who are willing to testify against the defendant in exchange for leniency in their own cases.

With this being said, the Dallas drug trafficking defense lawyers at Broden & Mickelsen, LLP, have successfully represented numerous defendants in federal drug cases at trial. We can help you understand the best option in your case.

Trial

If you do not enter a guilty plea (either with or without a plea agreement), eventually your case will go to trial. In federal court, it is common for multiple defendants to be charged in the same indictment. The amount of evidence that must be examined and gathered by all the parties can cause substantial delays before the trial can actually commence. Delays of a year or more from indictment to trial are common.

Because federal drug trials often involve multiple defendants, numerous witnesses, and lots of exhibits, they usually take at least a week to try. In unusual cases, they may last several months.

If the jury finds you not guilty on every charge, the case is immediately over. On the other hand, if there is a guilty verdict on any charge, the jury is excused, and sentencing will be set for several months later.

Pre-Sentence Report

If you are found guilty or enter a guilty plea, within a few weeks, you and your attorney will meet with a federal probation officer. This officer is assigned the task of writing a comprehensive presentence report. This report will describe the offense conduct, calculate the guidelines, and provide the court with your personal history, a description of your mental and physical status, and your financial status.

A draft report will be provided to your defense team a month or two later, and your attorneys may formally object to the guideline calculation or factual inaccuracies in the report. These objections, if not accepted by the probation officer, will be resolved by the court at the sentencing hearing.

Sentencing Hearing

At the sentencing hearing, both sides can call witnesses relevant to the guideline calculations and usually at least three character witnesses. Your defense team may also submit any number of character letters to the court in advance of the hearing. Finally, you and your lawyer will have the right to address the court before a sentence is imposed.

In federal drug cases, there is usually no possibility of probation. The average sentence in a federal drug case is 10 years’ imprisonment.

Given these high stakes, hiring a highly experienced federal drug crimes lawyer is of paramount importance.

Drug Trial FAQs

How are federal drug trials different from state drug trials?

First, multi-defendant trials in Texas state courts are almost non-existent. However, most federal drug cases involve more than one defendant and a conspiracy charge. The court will instruct the jury that it must consider the guilt of each defendant separately. Thus, in many federal drug trials, there are complex dynamics in play. One defendant may attempt to shift blame to another defendant. Another defendant may employ a strategy of being relatively “invisible,” letting the focus of the trial fall on a co-defendant.

Another way in which federal trials are different from state court trials is that most federal judges only permit the lawyers to have minimal interaction with the prospective jurors during the jury selection process. Because the lawyers are not permitted to ask probing questions and interact with the jury pool as they are in Texas courts, most state court lawyers feel disempowered during the federal jury selection process and consider the federal process somewhat of a “crapshoot.”

Given these complexities, it is important to hire a Dallas drug crime lawyer with extensive experience trying cases in both state and federal court.

How long will it take for a case to go to trial?

Federal drug cases do not move quickly, and there are often delays. It typically takes a year or more from the time a person is indicted for the case to get to trial.

How long will the trial itself take?

With numerous defendants, witnesses, and evidence to present, federal drug trials can take some time. Federal trials usually last at least one week. In rare cases, they may last several months.

How can a plea agreement affect sentencing?

The federal sentencing guidelines reward defendants who plead guilty for “accepting responsibility” and reducing their offense level. Pursuant to plea agreements, federal prosecutors can stipulate to the offense level or factors used in determining the offense level. Federal prosecutors are also permitted to award defendants with substantial reductions in their sentences when they “cooperate” and incriminate other people.

There are many ways in which a federal prosecutor with a plea agreement can attempt to provide a defendant with incentives to plead guilty. However, they rarely enter into a plea agreement that stipulates what the defendant’s sentence is going to be. Federal court plea agreements that stipulate a specific sentence are often looked upon by judges with some degree of disfavor. In any event, federal judges always retain the authority to reject plea agreements.

In federal drug cases, the offense level is primarily determined by drug amounts. As defendants in a federal drug case decide to cooperate, it is common for these drug amounts to rise based on the information that cooperating co-defendants provide about past drug deals. The defendants are incentivized to cooperate early because they generally are provided an agreement that states that any information they give will not be used in determining their drug amounts for sentencing purposes. In addition, federal prosecutors usually will seek more leniency for those codefendants who cooperate early.

Can I Face Federal Drug Trafficking Charges if No Drugs Crossed State Lines?

Yes. Under 21 U.S.C. §§ 841 and 846, prosecutors can pursue charges involving drug manufacturing, distribution, possession with intent to distribute, or conspiracy. Even if the alleged activity happened entirely within Texas, federal charges may still apply. The key issue is whether the conduct violates federal drug laws, not whether drugs crossed state or international borders. A reputable drug trafficking defense lawyer can assess your case and advise you on your legal options.

Can I Be Charged with Conspiracy if No Drug Sale Took Place?

Yes. Under federal law, prosecutors can charge you with drug conspiracy if you knowingly agree with someone else to commit a drug crime. No completed sale is required. Prosecutors also do not need to prove anyone took an additional step to carry out the agreement, such as handling money, moving a package, or buying a scale. A conviction can carry the same statutory minimum and maximum penalties that apply to the planned drug offense.

How Do Prosecutors Calculate Drug Amounts in a Federal Conspiracy Case?

Prosecutors don’t restrict their case to the weight of drugs a defendant personally touched or possessed. Instead, they look at relevant conduct and apply their findings as follows:

• Prosecutors may use witness testimony, texts, recorded calls, or sales records to estimate quantities.
• At sentencing, amounts may include drugs handled by others if those amounts were reasonably foreseeable and involved activity within the criminal agreement you joined.
• For sentencing guidelines, amounts generally must be proven more likely than not.
• Quantities that increase statutory minimum or maximum penalties require proof beyond a reasonable doubt unless admitted by the defendant in court.

*Past results do not guarantee a similar outcome in your case.

Schedules of Drugs

Texas drug laws and federal law divide controlled substances into five categories. Drugs are categorized based on their currently accepted medical use in the United States, their potential for abuse, and their likelihood of causing dependence if abused.

Schedule I Controlled Substances

These are considered the most dangerous substances, resulting in the most severe charges and penalties. Drugs in this category have no currently accepted medical use in the U.S. and a high potential for abuse. Examples include:

• Heroin
• Lysergic acid diethylamide (LSD)
• Marijuana
• Peyote
• Methaqualone
• 3,4-methylenedioxymethamphetamine (Ecstasy)
• Crack cocaine

Schedule II/IIN Controlled Substances

Drugs in this category have a high potential for abuse and may result in severe psychological or physical dependence. Examples include:

Schedule III/IIIN Controlled Substances

Drugs in this category have a lower potential for abuse. Abuse may lead to moderate or low physical dependence or high psychological dependence. Examples include:

• Certain products containing codeine (Tylenol with Codeine)
• Buprenorphine (Suboxone)
• Benzphetamine (Didrex)
• Phendimetrazine
• Ketamine
• Anabolic steroids such as Depo-Testosterone

Schedule IV Controlled Substances

Drugs in this category have a lower potential for abuse. Examples include:

Schedule V Controlled Substance

Drugs in this category are primarily medications that contain limited quantities of certain narcotics. Examples include:

• Cough medicines with codeine (Robitussin AC, Phenergan with Codeine)
• Ezogabine