Federal and Texas Drug Conspiracy Attorney
What is Drug Conspiracy?
A drug conspiracy occurs when there is an agreement between two or more people to commit a drug crime. While drug conspiracy charges may come from the state of Texas, they are more likely to be federal charges. A federal drug conspiracy includes an agreement to violate federal drug laws.
The federal government must be able to prove there was an agreement between two or more people to violate a federal drug law and that each alleged conspirator was aware of the unlawful agreement and willingly joined in. If these two elements cannot be proven, then there is not sufficient evidence to back up the charges.
If you’ve been charged with drug conspiracy, whether at the state or federal level, you must take these charges very seriously as the penalties can be harsh. It is normal that you are anxious about your future following drug conspiracy charges. A drug conspiracy attorney from Whalen Law Office can take some of the worries from your shoulders, explaining the process to you and answering all your questions in an easy-to-understand manner.
How is Drug Conspiracy Proven?
Criminal charges in Texas for drug conspiracy are often used as leverage to reach a “bigger target.” Drug conspiracy charges in Texas are prosecuted under Texas Penal Code Section 15.02. Factors involved in determining whether a drug conspiracy occurred include:
- Whether an established method of payment exists
- The extent to which transactions are standardized
- The length of the affiliation between the defendant and the conspiracy
- A demonstrated level of mutual trust
- Whether large amounts of drugs were involved in the transactions
- If you purchased your drugs on credit
What Are the Potential Consequences of a Drug Conspiracy Conviction?
Federal penalties for a drug conspiracy conviction include:
- Marijuana, involving 100 kg or more—a mandatory minimum sentence of five years in prison, up to a potential of forty years in prison
- Methamphetamine, involving 5 grams or more—between five and forty years in prison
- Cocaine and crack cocaine involving 500 grams or more of powder cocaine or 28 grams or more of crack cocaine—between five and forty years in prison
- Heroin, involving 100 grams or more—between five and forty years in prison
- Opioids and date rape drugs—up to twenty years in prison
Under Texas law, a conspiracy to commit a first-degree felony drug crime is charged as a second-degree felony, while a conspiracy to commit a state felony drug crime is charged as a Class A misdemeanor.
What Are Some Defenses to Charges of Drug Conspiracy?
While your specific defense will depend on the facts and circumstances surrounding your drug conspiracy charges, the following are the most common defenses to drug conspiracy crimes:
- The government cannot prove the existence of a conspiracy because no agreement existed between you and another party.
- You had no intention of joining a drug conspiracy agreement.
- You clearly withdrew from the conspiracy.
- Your charges were the result of an illegal search and seizure.
- You were unlawfully interrogated.
- You were denied the right to an attorney.
How Can a Drug Crimes Attorney from Whalen Law Office Help?
When you have a strong criminal defense attorney with significant experience in both state and federal drug crimes, you are immediately ahead of the game after being charged with drug conspiracy. At Whalen Law Office, our knowledge of the law and case precedents could result in the judge lessening your penalties, reducing your charges, or dropping your charges altogether.
We will carefully review your case and your arrest, then explain your options as we build a defense strategy on your behalf. Our comprehensive working knowledge of procedural rules and the criminal process allows us to leverage those rules pre-trial and during your trial. Contact Whalen Law Office today for exemplary representation.