Federal Drug Crimes Attorney Michael J. Petro

Federal drug charges can expose a defendant to substantial prison sentences, mandatory minimum penalties, forfeiture, and lengthy terms of supervised release.

Federal drug crime attorney Michael J. Petro represents individuals who are under investigation or charged with serious federal drug offenses, including drug trafficking, distribution, possession with intent to distribute, and drug conspiracy.

With more than 35 years of criminal defense experience, Attorney Petro represents clients in federal criminal investigations, pretrial proceedings, plea negotiations, trials, sentencing proceedings, and appeals.

Federal drug prosecutions frequently depend on evidence obtained through search warrants, traffic stops, confidential informants, cooperating witnesses, wiretaps, electronic communications, controlled purchases, and surveillance. Every case requires careful examination of how the government obtained its evidence and whether it can prove each element of the charged offense.

Federal Drug Investigations

Federal drug investigations may involve the Drug Enforcement Administration, FBI, Homeland Security Investigations, United States Postal Inspection Service, local law enforcement agencies, or federal and state task forces.

Investigations may involve:

• Search warrants
• Wiretaps
• Confidential informants
• Cooperating defendants
• Controlled purchases
• Surveillance
• Traffic stops
• Vehicle searches
• Cell phone searches
• Location information
• Text messages
• Social media
• Financial records
• Package interceptions
• Recorded conversations
• Grand jury subpoenas

A person may become the subject or target of a federal drug investigation long before criminal charges are filed.

Obtaining legal representation during the investigative stage may provide an opportunity to evaluate potential criminal exposure before critical decisions are made.

Federal Drug Trafficking Charges

Federal drug trafficking prosecutions commonly involve 21 U.S.C. § 841, which prohibits various activities involving controlled substances, including knowing or intentional distribution and possession with intent to distribute.

The potential penalties can depend on several factors, including the controlled substance involved, the quantity of the drug, prior qualifying convictions, and other circumstances.

Federal trafficking cases may involve substances such as:

• Fentanyl
• Cocaine
• Cocaine base
• Heroin
• Methamphetamine
• Prescription controlled substances
• Other controlled substances

The government must prove the elements of the particular offense charged beyond a reasonable doubt.

Federal Drug Conspiracy Charges

Federal prosecutors frequently charge drug conspiracy under 21 U.S.C. § 846.

A conspiracy case can involve allegations against numerous defendants, even when the individuals played very different roles.

The government may attempt to establish the alleged conspiracy through cooperating witnesses, text messages, telephone calls, financial transactions, surveillance, drug seizures, and other circumstantial evidence.

Association with someone involved in drug trafficking does not by itself establish knowing participation in a criminal conspiracy.

Important questions may include whether the defendant knowingly joined the alleged agreement and what conduct and drug quantities can legally be attributed to that defendant.

Drug Quantity Can Dramatically Affect the Sentence

Drug quantity can be one of the most important issues in a federal drug prosecution.

Federal drug statutes establish different penalty provisions based upon the type and amount of controlled substance involved.

Certain drug quantities can trigger statutory mandatory minimum sentences.

Drug quantity can also significantly affect the advisory United States Sentencing Guidelines.

In a conspiracy involving multiple defendants, the total quantity alleged by the government is not necessarily the amount that can automatically be attributed to every defendant for sentencing purposes.

The defense should carefully evaluate the evidence supporting the government’s proposed drug quantity.

Mandatory Minimum Sentences

Some federal drug offenses carry substantial mandatory minimum prison sentences.

Depending on the statute, the controlled substance, the quantity, the defendant’s criminal history, and other circumstances, a defendant may face a mandatory minimum sentence.

Mandatory minimums can have an enormous effect on plea negotiations and sentencing.

However, the existence of a mandatory minimum does not end the analysis.

The defense should determine whether the government can prove the facts necessary to trigger the mandatory minimum and whether any statutory provisions may permit sentencing below it.

The Federal Safety Valve

Some defendants facing federal drug mandatory minimum sentences may qualify for relief under the federal safety valve provisions.

When the statutory requirements are satisfied, the safety valve permits a sentencing court to impose a sentence without being bound by an otherwise applicable drug mandatory minimum.

Safety valve eligibility requires careful analysis of the defendant’s criminal history, role and conduct in the offense, firearm issues, resulting injury, and compliance with the disclosure requirements established by federal law.

A defendant should not assume either that the safety valve applies or that it is unavailable without reviewing the statutory requirements.

Prior Drug Convictions and 21 U.S.C. § 851

Prior convictions can have significant consequences in some federal drug prosecutions.

Under certain circumstances, the government may seek enhanced statutory penalties based upon qualifying prior convictions.

The procedures associated with 21 U.S.C. § 851 are important because the government must satisfy statutory requirements before certain enhanced penalties can be imposed.

The validity and applicability of an alleged prior conviction should be carefully examined when the government seeks an enhanced sentence.

Firearms and Federal Drug Charges

Federal drug prosecutions frequently include allegations involving firearms.

A firearm can affect a case in several different ways.

The government may seek a Sentencing Guideline enhancement based on firearm possession.

In other cases, prosecutors may bring a separate charge under 18 U.S.C. § 924(c) alleging possession or use of a firearm in connection with a qualifying drug trafficking crime.

A separate firearm charge can substantially increase a defendant’s sentencing exposure.

The presence of a firearm does not automatically establish every element of a federal firearm offense. The circumstances surrounding possession, location, ownership, accessibility, and the alleged connection to drug trafficking may become important defense issues.

Search and Seizure in Federal Drug Cases

Many federal drug cases depend upon evidence obtained during searches and seizures.

The Fourth Amendment protects against unreasonable searches and seizures.

Potential issues can include:

• Whether the police lawfully stopped a vehicle
• Whether reasonable suspicion existed
• Whether a traffic stop was unlawfully prolonged
• Whether probable cause supported a vehicle search
• Whether consent to search was voluntary
• Whether officers exceeded the scope of consent
• Whether a search warrant was supported by probable cause
• Whether the information supporting a warrant was stale
• Whether the warrant adequately described the place and evidence to be searched
• Whether law enforcement exceeded the scope of the warrant
• Whether evidence resulted from an unlawful detention or arrest

When evidence was obtained in violation of the Constitution, the defense may seek suppression when legally appropriate.

Traffic Stops and Vehicle Searches

Federal drug prosecutions sometimes begin with an ordinary traffic stop.

An officer may stop a vehicle for an alleged traffic violation and subsequently investigate possible drug activity.

The legality of what happens after the initial stop can be critically important.

A lawful traffic stop cannot automatically be extended indefinitely to investigate unrelated criminal activity.

The defense should examine the reason for the stop, its duration, the questions asked by officers, the deployment of a drug-detection dog, searches of the vehicle, statements made by occupants, and the circumstances surrounding any seizure of drugs or other evidence.

Search Warrants

Federal investigators may obtain warrants to search residences, businesses, storage locations, electronic accounts, computers, and mobile phones.

The fact that a federal judge or magistrate judge issued a warrant does not prevent defense counsel from reviewing its legality.

Potential issues may include probable cause, nexus, staleness, particularity, information from confidential informants, and whether material information was omitted or misstated in the warrant application.

The execution of the warrant must also be examined.

Confidential Informants and Cooperating Witnesses

Federal drug prosecutions frequently rely on people who have incentives to cooperate with the government.

A cooperating witness may be seeking:

• Reduced criminal charges
• A lower sentence
• Consideration for cooperation
• Financial compensation
• Favorable treatment in another investigation
• Other benefits

The existence of an incentive does not automatically make a witness unreliable.

However, the witness’s motives, prior statements, criminal history, benefits received, and consistency with independent evidence can become important when evaluating credibility.

Statements to Federal Agents

Statements made to federal investigators can become important evidence in a drug prosecution.

A person under investigation should not assume that speaking with investigators will prevent criminal charges.

Federal agents may already possess substantial evidence before requesting an interview.

Statements can be compared against electronic communications, cooperating witness testimony, surveillance, financial records, and physical evidence.

A person who learns that federal agents are investigating possible drug offenses should consider obtaining legal advice before participating in a substantive interview.

Federal Drug Plea Negotiations

Many federal drug prosecutions are resolved through plea agreements.

A plea agreement should be carefully evaluated before it is accepted.

Important considerations may include:

• The offense of conviction
• Drug quantity
• Mandatory minimum sentences
• Safety valve eligibility
• Prior convictions
• Section 851 enhancements
• Firearm allegations
• Sentencing Guideline calculations
• Acceptance of responsibility
• Cooperation provisions
• Factual stipulations
• Appeal waivers
• Potential sentencing recommendations

The decision whether to plead guilty belongs to the defendant after consultation with counsel.

Individuals considering a federal plea agreement should review Attorney Petro’s Federal Plea Negotiations Attorney page.

Federal Sentencing in Drug Cases

Federal drug sentencing can involve both statutory penalties and the United States Sentencing Guidelines.

Potential Guideline issues may include:

• Drug type and quantity
• Relevant conduct
• Firearm possession
• Role in the offense
• Maintaining a premise
• Obstruction of justice
• Acceptance of responsibility
• Criminal history
• Career offender provisions
• Safety valve
• Other offense characteristics

The sentencing court must also consider the factors set forth in 18 U.S.C. § 3553(a).

The government’s proposed Guideline calculation should be independently reviewed.

Relevant Conduct and Drug Quantity at Sentencing

Relevant conduct can significantly affect the advisory Guideline range in a federal drug case.

A defendant may sometimes be held accountable for conduct beyond the particular transaction identified in the count of conviction.

But there are legal limits.

In a jointly undertaken criminal activity, sentencing accountability does not necessarily extend automatically to every act committed by every participant.

The defense should evaluate the scope of the defendant’s jointly undertaken activity and whether additional conduct was sufficiently connected and foreseeable under the applicable Sentencing Guidelines.

Mitigation at Federal Drug Sentencing

When a federal drug case results in a conviction, sentencing advocacy can become critically important.

An effective sentencing presentation may address:

• The defendant’s actual role in the offense
• Criminal history
• Substance abuse and treatment
• Employment history
• Family responsibilities
• Mental and physical health
• Rehabilitation
• Acceptance of responsibility
• Cooperation
• Community support
• Circumstances surrounding the offense
• Other mitigating evidence

Federal sentencing requires an individualized determination based on the defendant and the circumstances of the case.

Individuals seeking additional information about sentencing should review Attorney Petro’s Federal Sentencing Attorney and Sentence Reductions page.

Federal Drug Appeals

Federal drug convictions and sentences may present appellate issues depending upon what occurred in the district court.

Potential appellate issues can involve suppression rulings, evidentiary decisions, jury instructions, sufficiency of the evidence, statutory interpretation, Sentencing Guideline calculations, and sentencing errors.

Individuals considering a federal criminal appeal should review Attorney Petro’s Federal Criminal Appeals Attorney page.

How a Federal Drug Crime Attorney Can Help

Federal drug prosecutions can involve complicated constitutional, evidentiary, statutory, and sentencing issues.

Attorney Petro’s representation may include:

• Representing clients during federal investigations
• Communicating with federal prosecutors and investigators
• Reviewing search warrants
• Challenging unlawful searches and seizures
• Evaluating confidential informant evidence
• Examining cooperating witness testimony
• Reviewing wiretap and electronic evidence
• Analyzing drug quantity
• Evaluating conspiracy allegations
• Analyzing mandatory minimum sentences
• Evaluating safety valve eligibility
• Reviewing Section 851 enhancements
• Defending firearm allegations
• Negotiating with federal prosecutors
• Preparing for trial
• Challenging Sentencing Guideline calculations
• Developing sentencing mitigation
• Representing clients at sentencing
• Evaluating potential appellate issues

Every federal drug case requires an individualized defense based on the evidence, the charges, the applicable law, and the circumstances of the accused.

Experienced Federal Drug Crime Attorney

Michael J. Petro has more than 35 years of criminal defense experience representing individuals facing serious federal criminal charges.

Federal drug cases can carry substantial consequences, but an indictment does not relieve the government of its obligation to prove the charges beyond a reasonable doubt.

If you are under investigation or have been charged with federal drug trafficking, drug conspiracy, possession with intent to distribute, or another federal drug offense, consulting an experienced federal drug crime attorney can help you understand the charges, potential penalties, and available defenses.

Contact Michael J. Petro to discuss your federal drug case