Federal Criminal Defense Attorneys

The most common federal cases involve drugs. This is particularly true in Arizona. It is illegal to possess, transport, or manufacture illegal drugs under 21 U.S. Code § 841. The following are some illegal drugs under federal law: marijuana, cocaine, heroin, methamphetamine, and fentanyl. Many cases in Arizona start at the border. At ports of entry, border patrol agents have sophisticated technology that helps them detect illegal drugs. For example, if an agent has reasonable suspicion of criminal activity, he can x-ray your vehicle to look for drugs hidden inside. Some vehicles have hidden compartments that conceal the drugs. Other vehicles hide the drugs in the gas tank.

The seriousness of a federal drug case depends on two things: 1) what is the drug? and 2) how much of the drug is there? Transporting a pound of marijuana would be considered a less serious federal drug offense. Transporting 25 pounds of methamphetamine would be considered a very serious drug offense. Certain drug charges carry mandatory minimum sentences. A mandatory minimum sentence means that the judge cannot sentence you to less than what is required under the law. For example, if a person is convicted of possessing 25 pounds of meth, the judge cannot sentence that person to less than 10 years in prison. That person will serve at least 10 years in the Bureau of Prisons.

There are ways to avoid mandatory minimum sentences under the law. First, a defendant could be safety valve eligible. To be safety valve eligible, a defendant must meet the following criteria:

1. the defendant does not have substantial criminal history;
2. the defendant did not use violence or credible threats of violence or possess a firearm or other dangerous weapon (or induce another participant to do so) in connection with the offense;
3. the offense did not result in death or serious bodily injury to any person;
4. the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines and was not engaged in a continuing criminal enterprise, as defined in section 408 of the Controlled Substances Act; and
5. not later than the time of the sentencing hearing, the defendant has truthfully provided to the Government all information and evidence the defendant has concerning the offense or offenses that were part of the same course of conduct or of a common scheme or plan, but the fact that the defendant has no relevant or useful other information to provide or that the Government is already aware of the information shall not preclude a determination by the court that the defendant has complied with this requirement.

Safety-valve eligibility is determined by the judge at the time of sentencing. While an attorney cannot guarantee safety-valve eligibility, they should be able to give you an educated opinion as to whether or not you qualify.

Another way to avoid mandatory minimum sentences is through cooperation with the Government. This is done in secret. If you provide truthful and useful information, the Government will file a motion called a “5K1” which asks the judge to give less than the mandatory minimum