Federal Drug & Gun Crime Defense
When you are charged with a federal crime involving controlled substances or firearms, you are no longer dealing with local police and state prosecutors. You are facing the vast resources of the United States government, including agencies like the FBI, DEA, and ATF.
I provide aggressive, sophisticated defense for individuals facing life-altering federal charges.
Federal Drug Crimes
Federal drug charges are significantly more severe than state-level offenses. Most federal drug cases are prosecuted under 21 U.S.C. § 841 (manufacture, distribution, and possession with intent to distribute controlled substances) and § 846 (conspiracy). Unlike state courts, federal cases often involve mandatory minimum sentences that strip judges of their discretion during sentencing. For example, 21 U.S.C. § 841(b)(1)(A) provides mandatory minimums of 10, 15, or 25 years (depending on your criminal history) for certain amounts of certain drugs
Common Federal Drug Charges
Federal drug sentences under the Federal Sentencing Guidelines are based primarily on the quantity of the drug involved and the defendant’s criminal history. Conspiracy charges are particularly dangerous because your sentence can be based on the entire amount of drugs moved by any co-conspirators, as long as those activities were reasonable foreseeable to you. The possession of a firearm during a drug crime or a conspiracy can also increase your Guidelines sentencing range.
Federal Gun Laws & Firearm Offenses
The Second Amendment protects the right to bear arms, but federal law strictly regulates who can possess firearms and how they can be used. Some federal gun charges carry "consecutive" sentences, meaning any prison time for a gun charge is stacked on top of the sentence for an underlying crime.
Major Federal Firearm Offenses
"Why am I in federal court?"
Many clients ask why their drug or gun case is in federal court instead of state court. Federal prosecutors usually take cases involving particularly large amounts of drugs or defendants with bad criminal histories. Or, you might end up in a federal case if the government thinks you'd make a good witness against your co-conspirators. Most federal cases are based on investigations conducted by federal agents (FBI, ATF, DEA), but even a traffic stop by a local police officer could be adopted for federal prosecution.
Strategic Defense Against the Government
Defending a federal case requires a different approach than state court. I focus on:
If you are under investigation or have already been indicted by a federal grand jury, time is not on your side.
Call me at (423) 255-7642.
When you are charged with a federal crime involving controlled substances or firearms, you are no longer dealing with local police and state prosecutors. You are facing the vast resources of the United States government, including agencies like the FBI, DEA, and ATF.
I provide aggressive, sophisticated defense for individuals facing life-altering federal charges.
Federal Drug Crimes
Federal drug charges are significantly more severe than state-level offenses. Most federal drug cases are prosecuted under 21 U.S.C. § 841 (manufacture, distribution, and possession with intent to distribute controlled substances) and § 846 (conspiracy). Unlike state courts, federal cases often involve mandatory minimum sentences that strip judges of their discretion during sentencing. For example, 21 U.S.C. § 841(b)(1)(A) provides mandatory minimums of 10, 15, or 25 years (depending on your criminal history) for certain amounts of certain drugs
Common Federal Drug Charges
- Distribution: Moving often large quantities of controlled substances, but even a single gram or point can lead to federal charges.
- Manufacturing: Operating "grow houses" or meth labs.
- Possession with Intent to Distribute: Large amounts of drugs or the presence of scales, baggies, or stacks of cash or can elevate a simple possession charge to a federal PWID felony.
- Conspiracy: Under federal law, you can be charged for merely planning a drug crime with others, even if the crime was never completed. And you can be roped into a conspiracy with people you've never even met. Conspiracy is often called "the prosecutor's best friend," because it allows them to prosecute a large group of people in a single case, and to hold each of them responsible for the entire amount of drugs involved in the conspiracy.
Federal drug sentences under the Federal Sentencing Guidelines are based primarily on the quantity of the drug involved and the defendant’s criminal history. Conspiracy charges are particularly dangerous because your sentence can be based on the entire amount of drugs moved by any co-conspirators, as long as those activities were reasonable foreseeable to you. The possession of a firearm during a drug crime or a conspiracy can also increase your Guidelines sentencing range.
Federal Gun Laws & Firearm Offenses
The Second Amendment protects the right to bear arms, but federal law strictly regulates who can possess firearms and how they can be used. Some federal gun charges carry "consecutive" sentences, meaning any prison time for a gun charge is stacked on top of the sentence for an underlying crime.
Major Federal Firearm Offenses
- Felon in Possession of a Firearm (18 U.S.C. § 922(g)(1)): It is a federal crime for any person previously convicted of a felony to possess a firearm or ammunition.
- Possession of a Firearm in Furtherance of a Drug Trafficking or Violent Crime (18 U.S.C. § 924(c)): This is one of the most "stacked" charges in the federal system, carrying a mandatory minimum of 5, 7, or 10 years to life, served consecutively.
- Straw Purchasing: Buying a gun for someone who is legally prohibited from owning one.
- Illegal Weapons: Possession of unregistered silencers, short-barreled rifles, or fully automatic weapons (Machine Gun National Firearms Act violations).
"Why am I in federal court?"
Many clients ask why their drug or gun case is in federal court instead of state court. Federal prosecutors usually take cases involving particularly large amounts of drugs or defendants with bad criminal histories. Or, you might end up in a federal case if the government thinks you'd make a good witness against your co-conspirators. Most federal cases are based on investigations conducted by federal agents (FBI, ATF, DEA), but even a traffic stop by a local police officer could be adopted for federal prosecution.
Strategic Defense Against the Government
Defending a federal case requires a different approach than state court. I focus on:
- Suppression of Evidence: Challenging search warrants and illegal searches and seizures that violate the Fourth Amendment.
- Challenging Wiretaps: Federal drug cases often rely on intercepted communications; I scrutinize the legality of these orders.
- Negotiating "Safety Valve" Provisions: Helping eligible non-violent offenders avoid harsh mandatory minimum sentences.
- Trial Advocacy: If the government refuses to offer a fair plea, I am prepared to hold them to their high burden of proof before a federal jury. I've tried jury cases as a federal prosecutor, and I know where the weaknesses are.
If you are under investigation or have already been indicted by a federal grand jury, time is not on your side.
Call me at (423) 255-7642.