Category Archives: Drug Crimes
Hub-and-Spoke vs. Chain Drug Conspiracies – The Multiple Conspiracy Defense
When the federal government charges one large drug conspiracy but the evidence actually shows several smaller, separate ones, that mismatch can be the most powerful defense in the case. This is called a variance, and under the Supreme Court’s ruling in Kotteakos v. United States, 328 U.S. 750 (1946), it can lead to reversal of…
Federal Drug Conspiracy and Asset Forfeiture – When the Government Can Seize Your Property
Federal drug conspiracy charges trigger two separate asset forfeiture tracks: criminal forfeiture under 21 U.S.C. § 853, which requires a conviction and runs through the criminal sentence, and civil forfeiture under 21 U.S.C. § 881, which proceeds against the property itself with no conviction required. Both tracks let the government seize cash, vehicles, real estate,…
The Duress Defense in Federal Drug Conspiracy Cases – What If You Were Forced to Participate?
If you were forced to participate in a federal drug conspiracy under threat of death or serious bodily injury, the duress defense may excuse your conduct, but the standard is unforgiving. Federal courts in Texas require you to prove four strict elements by a preponderance of the evidence: an imminent threat of death or serious…
Texas Drug Offense Sentencing Calculator: A Free Tool for Understanding Your Drug Case
If you’re facing a drug charge in Texas, whether it’s a possession charge, delivery charge, manufacture and delivery charge, or possession with intent to deliver charge, one of the first questions you probably have is: What am I facing? The answer is far more complicated than most people realize. Why Texas Drug Sentencing Is…
What Happens at a Federal Detention Hearing?
A federal detention hearing is where a federal magistrate judge decides, under 18 U.S.C. § 3142, whether you are released on conditions or held in custody until your trial. It is one of the most important early moments in a federal case, because the result often decides whether you fight the charges from home or…
Less Time for Federal Drug Crimes: When Safety Valve Defense Circumvents Mandatory Minimum Sentences Under Federal Law
For how a plea and a trial compare on real outcomes, by district and charge, see our plea deal versus trial calculator. Congress has passed mandatory minimum sentences for certain federal drug crime convictions, but it is possible to serve less time with the Safety Valve defense. Here’s how that works. What is a crime…
Mandatory Minimum Penalties in Federal Sentencing
To see how often cases like yours resolve by plea or trial, and the median sentences by district and charge, use our plea deal versus trial calculator. Congress Decides Your Prison Sentence with Certain Federal Crimes Our modern system of mandatory minimum sentencing in federal cases arguably began with the passage of the Anti-Drug Abuse…
Plea Bargaining and Making Deals in Federal Felony Cases: Criminal Defense Overview
In both Texas prosecutions and federal criminal matters, many – if not most – arrests do not end up as a criminal conviction with formal sentencing after a full trial before a judge or jury, but instead are resolved out of the courtroom in what is called “plea bargaining.” This involves attorneys representing both the…
Federal Sentencing Guidelines: Conspiracy to Distribute Controlled Substance Cases (Drug Conspiracy)
Federal sentencing in a conspiracy to distribute controlled substances case is driven by three things: the type and amount of drugs involved, the defendant’s criminal history, and the role the defendant played in the offense. The sentence itself comes from an intersection of the Controlled Substances Act’s statutory penalties and the Federal Sentencing Guidelines, which…
How You Can Be Charged For “Reasonably Foreseeable” Acts By Your Co-Conspirators In Drug Conspiracy Cases
In federal drug conspiracy cases, you can be sentenced for drug quantities you never personally touched and for acts your co-conspirators committed without you, as long as those acts were within the scope of the agreement, in furtherance of it, and reasonably foreseeable to you under USSG § 1B1.3. This is the doctrine that turns…
