Defenses Strategies for Federal Drug Offenses
Individuals charged with criminal offenses involving drugs or “controlled substances” at the federal level will be prosecuted under the guidelines of Title 18 of the United States Code. “Title 18” governs Crimes & Criminal Procedure.
Successfully fighting federal drug charges requires not just legal knowledge but a strategic approach by an experienced criminal defense lawyer.
At Tad Nelson & Associates, our combined expertise, rooted in the unique backgrounds of Attorneys Tad Nelson & Amber Spurlock, positions us uniquely to guide people who are subject to prosecution for federal criminal charges.
If you’re facing criminal charges for a federal drug offense in Southeast Texas or the Greater Houston area, let us review your case. If you have questions, call us today at 281-280-0100 to schedule a confidential meeting with our defense team.
A Look at Federal Drug Cases
A federal criminal charge for a drug offense can encompass a broad spectrum of activities. Prosecution and investigation of drug offenses are governed by various statutes under Title 18 and the Controlled Substances Act. These laws and statutes cover actions such as manufacturing, distribution, possession with intent to distribute, and trafficking of controlled substances.
The seriousness of a federal drug charge is often determined by the type and quantity of drugs. If convicted, it can mean significant penalties. Therefore, if you’re facing criminal charges for a drug offense at the federal level, hiring experienced legal counsel should be your first priority.
Building a Robust Defense Strategy
Each case presents a unique tapestry of circumstances.
At Tad Nelson & Associates, our approach to defending our clients starts with thoroughly analyzing the prosecution’s evidence. Some of our key defense strategies involve challenging the legality of law enforcement’s search and seizure methods and ensuring your rights weren’t violated during the process.
Under Fourth Amendment protections, any evidence obtained through unlawful searches can be suppressed. If we’re able to get such evidence thrown out, it can potentially weaken the DOJ’s case.
Drug Quantity & Purpose
Factors in Federal Sentencing
In federal drug cases, the quantity of the controlled substance involved with the case is a big part of determining the potential sentencing for a person found guilty.
At this point, our focus would be a meticulous examination of how quantities were measured. We’ll also have concerns about how they were reported.
Additionally, we’ll also be eager to define your role in the alleged offense, which can significantly influence sentencing. Were you a principal player or merely on the periphery of the activity?
Mitigation Strategies
Mitigation in federal drug cases involves demonstrating factors that warrant a lesser sentence. One of our mitigation strategies could involve demonstrating a lack of prior criminal history on your part, the nature of your involvement, and even personal circumstances that might have led to your involvement in the offense.
Moreover, cooperation with authorities can also help in reducing potential penalties, as outlined in U.S.S.G. §5K1.1.
Substance Abuse & Treatment Considerations
In cases where substance abuse is a factor, we could go the route of exploring options for treatment and rehabilitation as part of the sentencing conversation. Federal courts sometimes consider substance abuse treatment programs, potentially leading to reduced sentences with alternative sentencing structures.
Your Local Federal Criminal Defense Lawyers
Why Choose Tad Nelson & Associates?
Our law firm stands apart from others due to our unique combination of expertise and personal experience. Attorney Tad Nelson is Board Certified® in Criminal Law by the Texas Board of Legal Specialization, and Attorney Amber Spurlock’s background as a former assistant JAG officer in the U.S. Air Force brings invaluable insights into the workings of federal law. Our commitment to our clients is reflected in our track record and numerous 5-star reviews on Google.
For those in Houston, Harris County, TX, and Galveston County facing federal drug charges, the path ahead can seem daunting. Reach out to us at 281-280-0100 for a consultation that can change the course of your case.