San Diego Federal Drug Charges Defense Attorney

Federal drug charges encompass a range of offenses related to the possession, distribution, trafficking, manufacturing, or cultivation of controlled substances. These charges fall under the jurisdiction of federal law enforcement agencies, such as the Drug Enforcement Administration (DEA) and the Federal Bureau of Investigation (FBI). Unlike state-level charges, federal charges are prosecuted in federal court and can lead to life-altering penalties, including incarceration and significant fines. 

As a former prosecutor for almost a decade, federal drug crimes attorney Pedro Bernal, Esq. knows the strategies prosecutors use and how these cases are investigated. With our focused knowledge and experience, we can increase your chances of a favorable outcome. We have provided legal guidance to countless clients, aggressively defending their rights and freedom. If you have been charged or are being investigated for a federal drug crime, contact our San Diego federal drug charges lawyer to discuss your case.

STATE DRUG CRIMES VS. FEDERAL DRUG CRIMES 

Most drug crimes are punishable under state and federal law. According to the DEA, the following circumstances are typically charged at the federal level: 

• The drug crime occurred on federal property
• A federal agent made the arrest 
• Charges involved the trafficking and distribution of large amounts of controlled substances
• Controlled substances were sold or manufactured
• A federal informant turned in the offender
• State and federal governments decided the case should be tried at the federal level.

The following drug crimes can also be charged at the federal level:

• Simple drug possession
• Drug manufacturing
• Conspiring with those who possessed drugs
• Drug trafficking
• Selling to minors

When facing federal drug charges, the importance of working with a qualified drug crimes lawyer in San Diego cannot be overstated. Don’t risk your freedom by representing yourself or gambling on an unproven San Diego federal drug crimes attorney. At Bernal Law, our dedication to your case may have a considerable impact on the outcome, potentially leading to reduced charges, minimized penalties, or even a dismissal.

PENALTIES FOR FEDERAL DRUG CHARGES 

Generally, federal drug charges have mandatory minimum sentences, which means the prison sentence cannot be reduced beyond a specific number of years, even if the judge is willing to lower the sentence due to favorable circumstances. 

The following are common sentences for federal drug crimes: 

• Trafficking 1000 kilograms or more of Marijuana: At least 10 years, but no more than life in federal prison
• Trafficking 100 to 999 kilograms of Marijuana: At least 5 years, but no more than 40 years in federal prison
• Trafficking 50 to 99 kilograms of Marijuana: No more than 20 years in federal prison
• Trafficking 100 to 999 grams of Heroin: At least 5 years but no more than 40 years in federal prison
• Trafficking 1-9 grams LSD: At least 5 years but no more than 40 years in federal prison

It’s important to note that aggravating factors such as the presence of a weapon, whether someone was harmed, and a previous criminal record will increase penalties. 

Potential Defenses for Federal Drug Charges

Federal drug charges are serious, but understanding potential defenses can make a significant difference in your legal strategy. At Bernal Law, our experienced federal drug charges lawyers are well-versed in crafting defenses tailored to your case. These strategies may include:

• Illegal Search and Seizure: If it’s established that authorities violated your Fourth Amendment rights during the search process, the evidence obtained may be deemed inadmissible.
• Defective Search Warrant: If the warrant fails to meet legal standards, the evidence collected may be suppressed, weakening the prosecution’s case.
• Entrapment: Entrapment occurs when law enforcement induces someone to commit a crime they wouldn’t have otherwise committed. If you can demonstrate that you were coerced or induced to engage in drug-related activities, it could be a viable defense.
• Insufficient Evidence: If it can be shown that there’s a lack of substantial proof linking you to the alleged drug crime, your defense attorney can argue for dismissal or acquittal.
• Illegal Wiretap: In cases involving wiretapping or electronic surveillance, challenging the legality of these methods is crucial. If law enforcement violated specific procedures or failed to obtain proper authorization, it could render the wiretapped evidence inadmissible.

When facing federal drug charges, a strategic and experienced defense is paramount. The skilled team at Bernal Law will meticulously analyze the details of your case, identifying applicable defenses to bolster your position. Whether it’s challenging the legality of evidence, exposing insufficient proof, or proving entrapment, our goal is to secure the best possible outcome for you.

Navigating a Federal Drug Case: What You Need to Know

Facing federal drug charges is a serious matter, and understanding the intricacies of the federal criminal justice process is crucial for a successful defense. Bernal Law is here to guide you through each step, ensuring you have the knowledge and support needed to navigate this complex terrain.

Investigation Phase

If you’re under suspicion of federal drug crimes, federal agents will initiate an investigation that could last weeks, months, or even years. Federal drug investigations are highly sophisticated, often involving extensive electronic surveillance, video monitoring, and potential wiretaps. Given the substantial resources at their disposal, federal authorities can build a robust case during this phase.

Grand Jury Indictment

Once enough evidence is collected, a federal prosecutor will present your case to a grand jury. It’s crucial to note that the standard of proof in a grand jury proceeding is low. The prosecutor does not need to prove your guilt – they only need to establish that the charges aren’t entirely frivolous. If indicted, you’ll be arrested and formally charged.

Arraignment and Detention Hearing

At the arraignment, held promptly after your arrest, the judge will outline the charges and explain your rights, emphasizing your right to an attorney. Simultaneously, a detention hearing will determine whether you’ll be held in jail or released before trial, considering factors like community threat and flight risk.

Pre-Trial Process

The pre-trial phase involves discovery, a comprehensive process where both sides gather evidence. Plea bargaining may occur, offering you alternatives based on the strength of the case. Pre-trial motions, such as those to suppress evidence or change courts, can significantly impact the case’s trajectory.

Trial

The final step is the trial, where the prosecution endeavors to convince a jury of your guilt beyond a reasonable doubt. Your defense attorney plays a critical role in cross-examining witnesses, challenging evidence, and presenting your case. The jury’s unanimous decision determines your guilt or innocence.

HOW A SAN DIEGO FEDERAL DRUG CHARGES LAWYER CAN HELP YOUR CASE 

With the help of an experienced federal drug charges lawyer at Bernal Law in San Diego, you can rest assured that your rights and freedom will be protected from initial consultation to resolution. We are highly qualified to handle every aspect of complex drug crime cases, and we can provide you with the following: 

• Focused knowledge and defense strategy: We understand the intricacies of federal drug laws, regulations, and sentencing guidelines. We can formulate a strategic defense tailored to the unique circumstances of your case. 
• Investigation and evidence: We will conduct a thorough investigation, examining the evidence against you for any inconsistencies, inaccuracies, or violations of your rights. We may also gather evidence that supports our defense. 
• Constitutional rights protection: We will ensure your constitutional rights are upheld throughout the legal process, including protecting you from unlawful search and seizure, ensuring due process, and safeguarding your right to a fair trial. 
• Negotiations and plea bargains: In some cases, negotiating a plea bargain with federal prosecutors may be the best course of action. We can work to fiercely negotiate on your behalf to obtain a favorable plea deal that minimizes the severity of your consequences. 
• Litigation and trial: If your case proceeds to trial, we will defend your rights and freedom in the courtroom. 

We know your freedom and peace of mind are at stake, which is why we utilize our extensive resources and experience to fight for potential case dismissal, acquittal, decreased charges, or lessened prison time. 

Understanding Plea Bargains in Drug Crime Charges

Facing drug crime charges can be overwhelming, and the prospect of a trial might seem daunting. In such cases, a plea bargain can be a crucial legal tool. 

The Pros and Cons of a Plea Bargain

A plea bargain reducing potential sentences could be advantageous if the prosecution possesses substantial evidence. The risk of facing more severe charges and potential jail time in a trial may make accepting a plea deal a smart choice.

However, the terms of a plea bargain matter. If the evidence against you is weak and there’s a chance of acquittal in a trial, accepting unfavorable terms might not be in your best interest. Consulting with a criminal defense attorney is crucial to understanding the potential outcomes and negotiating better terms if a plea deal is pursued.

Avoid a Public Trial

For individuals concerned about public scrutiny, especially those with businesses or families, a plea bargain offers the advantage of avoiding a public trial. The potential damage to personal and professional reputation and the financial burden of a trial makes plea bargains an appealing option.

The cost and time associated with trials, coupled with the potential negative impact on personal and professional life, make avoiding public trials a significant benefit of accepting a plea bargain.

Uncertain Outcome vs. Certainty

Trials carry inherent uncertainty. A defendant may end up with more serious charges and longer sentences or walk away without any charges. Opting for a plea bargain provides certainty about the outcome, avoiding the gamble associated with trials.

While some defendants may be comfortable with the uncertainty of a trial, others appreciate the clarity that a plea bargain offers. 

Your Right to a Trial

The United States Constitution protects the right to a fair and impartial trial. While a significant portion of drug crime cases concludes with plea deals, it’s essential to recognize the potential drawbacks. 

Some argue that the prevalence of plea bargains puts prosecutors in control, potentially coercing defendants into accepting deals rather than pursuing a fair trial.

Innocent individuals might feel compelled to accept plea bargains due to fear of an unjust trial system. Consulting with an experienced criminal defense attorney ensures a thorough understanding of your rights and options, empowering you to make informed decisions in your legal journey.

CONTACT THE FEDERAL DRUG CHARGES LAWYER IN SAN DIEGO AT BERNAL LAW TODAY 

If you are facing federal drug charges, remember that you do not have to navigate the legal process alone. At Bernal Law, we have years of experience mounting strong criminal defenses for clients in San Diego and surrounding areas. Our personalized legal guidance and tenacity can make all the difference in the trajectory of your case.

Schedule a free consultation by calling (619) 736-9092 or filling out our contact form today. We are fluent in English and Spanish.