Key Considerations in Defending Federal Drug Trafficking Charges in Georgia

Are Federal Drug Crimes Charges Significantly Different from State Charges?

The simple legal answer is yes, they are. Georgia’s state drug trafficking charges only relate to distribution or trafficking within the state. However, federal drug trafficking laws apply when some evidence shows that you traveled across State lines with the drugs.

Additionally, there are very significant differences between the state and federal systems regarding how they handle, prosecute, and determine the penalties for these crimes.

Federal cases typically use multi-agency investigations, phone and wiretaps, and more. While state trafficking cases may also use some of these things, they more often find the person in possession of the needed number of illegal drugs or controlled substances.

Additionally, there are many differences in how these cases are defended and other specific issues that arise when mounting a well-thought-out, strategic, and winning defense.

That said, if you’re charged with drug trafficking in Georgia (and it may even border on a federal charge), you must be professionally represented by a skilled, highly experienced, and well-versed criminal defense lawyer who’s able to defend you properly and specializes in defending these cases in both state and federal courts. 

These severe charges and consequences can forever negatively alter your life and freedom. So, having the right, experienced, aggressive, and diligent criminal defense lawyer is mandatory. Your lawyer aims to minimize the impact on you and your family. This means they’ll begin fighting when you are arrested or charged.

Are There Any Alternatives to Drug Trafficking Mandatory Minimum Sentencing?

Most of the penalties for drug trafficking offenses almost always depend on the type of substance trafficked and the amount.

For example, some of the penalties associated with trafficking cocaine and the weights involved are:

• If you trafficking 28 grams or more but less than 200 grams – you may receive a mandatory minimum of 10 years in prison plus a $200,000 fine or more.
• For 200 grams but less than 400 grams – a mandatory minimum of 15 years in prison plus a $300,000.00 fine.
• And over 400 grams- 25 years in prison and $1 million in fines.

However, in the proper professional hands, the law allows specific mandatory minimum sentences to be avoided if you (as the defendant) meet particular standards.

In these cases, the judge may be able to alter (and reduce) your prison time below the mandatory minimum if you:

• You were not the prime leader of the drug trafficking crime.
• You did not possess a firearm or weapon
• The crime didn’t result in any deaths or serious bodily injury to any persons other than those committing the crime.
• You have no prior felony convictions.

In some instances, and with the right criminal defense law team fighting on your side, the judge may be able to avoid using the mandatory minimum guidelines if they do not inherently serve the interests of justice.

If this situation is even considered in your case, your Georgia criminal defense lawyer’s help, professional knowledge, and guidance will be invaluable.  

What Legal Tactics Could Help Me Win My Drug Trafficking Case?

Drug trafficking is an “umbrella” legal term that, at times, covers t many actions involved in moving drugs and illegal substances from their creation to a completed purchase. So, cases that include the manufacture, cultivation, distribution, delivery, possession, and selling of illegal drugs or substances can all possibly be tried as drug trafficking.

This is always dire, as drug trafficking is aggressively pursued in Georgia, throughout the U.S., and even across the globe.

All local and state police and federal agencies want their share of the notoriety achieved for a “big drug bust.”

The arresting officers often make the call on your charges when you are booked into jail. However, the local (or federal) district attorney reviews the facts of the case and decides to drop, add, or increase the charges that you’ll be prosecuted for.

Your highly experienced criminal defense lawyer will tell you that often, the decision to pursue drug trafficking charges vs. a simple possession charge can come down to just a few particulars, such as:

• What type of illegal substances are you accused of holding? –  For example, the DA is far more likely to negotiate if you were caught with marijuana vs fentanyl or heroin.
• The quantity of drugs in your possession – Can the amount of illegal drugs in your possession reasonably be perceived to be more than the usual person would have for their personal use?
• The type of packaging or markings on the drugs – If the illegal drugs you had were individually wrapped and in numerous packages and were specifically marked, then personal use would be difficult to prove.

Your thorough criminal defense lawyer will tell you that these facts often set the tone for the difficulty of negotiating and winning any drug-related case.

However, armed with well-honed negotiation skills, your criminal defense lawyer may be able to have strategic conversations with the prosecution and often mitigate your charges or gauge the defense obstacles and opportunities open to your defense.

What May My Experience Lawyer Do Lessen My Drug Trafficking Charges?

Of course, every case differs, as do their circumstances, but an aggressive and experienced criminal defense lawyer does have specific legal strategies they may use to beat or lessen the severity of drug crime charges, such as:

• Get your lawyer involved early enough in your case – your lawyer may find ways to have all charges dropped. This is sometimes possible if the prosecution has a weak case or feels like the case is not worth the trouble or cost to prosecute.
• Negotiate a plea deal – This is often a wise legal move, especially in drug trafficking cases. If the DA has a strong case with hard evidence, witnesses, and solid police work, a plea deal may be the best path to take.
• Demand a jury trial -This can be risky and possibly unpredictable. But if your circumstances are right, pushing for a jury trial may work.

There also are things you should never forget if you’re charged with a severe drug case such as trafficking, such as:

• Don’t ever represent yourself – This almost always ends with a terrible outcome if you’re charged with any drug crime.
• Always obtain the services of an experienced drug crimes lawyer – Your lawyer will immediately and aggressively begin analyzing your case and obtaining the best outcome possible.

Often, the best way to beat any drug crime is to find fault with the police field work and post-arrest conduct. Your defense lawyer has the resources, including investigators, who will review the entire case file. They will often interview people involved and work to uncover mistakes in the arrest and investigation procedures.

I’ve Been Charged With Drug Trafficking; How Should I Proceed?

First, if you’ve been arrested for drug trafficking, never attempt to face the charges alone. The most critical step is to allow an experienced drug crime lawyer to manage and navigate this highly complex legal process.

Georgia state and federal drug trafficking laws are legally intricate and complex. This is why you must have a criminal defense law team that knows the details of these drug-specific laws and can isolate technicalities that others may miss.

The highly experienced drug crimes lawyers at Mones Law, P.C. are exceptionally well qualified to successfully manage your drug case, whether it’s simple possession or a state or federal drug trafficking charge. Call them today for a free one-hour consultation at 678-616-2647, and they will answer all your questions and provide you with the legal option available.

Their singular goal is to minimize your exposure to jail time while fully protecting your rights, family, professional, and financial interests.