Among all the different types of drug offenses, the trafficking of illegal drugs or controlled substances if by far the most severe. Drug trafficking goes against not only Nevada state law, but United States code as well, making it a federal offense in many situations. The degree of penalties the accused will face differs depending on the schedule of the drug, the amount of the drug, where it was transported, and any prior offenses or aggravated circumstances.
Per the Nevada Revised Statutes (NRS), trafficking a controlled substance involves “knowingly or intentionally selling, manufacturing, delivering or bringing into the state…” various types of controlled substances. While some laws are specific to certain illegal acts—such as manufacturing illegal drugs or possessing drugs with the intent to sell—trafficking encompasses all types into one charge. The penalties for a conviction of drug trafficking are amongst the most severe, including fines, prison terms in either state or federal prisons, and probation.
The two federal agencies involved in federal drug trafficking cases are the Drug Enforcement Agency (DEA) and Federal Bureau of Investigation (FBI). Federal drug trafficking cases are often investigated for long periods of time before an arrest is made and the government can take advantage of considerable resources when pursuing a conviction in a federal drug case.
At Okabe & Haushalter, we know the strategies the prosecutor will employ and can counter their efforts with a tough defense. We are a recognized criminal defense firm that has extensive federal court experience, including drug crime cases. Our legal team is aggressive when fighting trafficking charges and can be counted on to give you knowledgeable legal counsel.
Without any doubt, a drug trafficking conviction will change the course of your life. The consequences of having a criminal record are far-reaching as travel restrictions can be placed on someone with a criminal record and many types of employment require no criminal record. In order to prevent as much damage as possible, you need a criminal defense attorney.
At our firm, we insist that the ideal of a defendant being considered “innocent until proven guilty” is upheld. We do not back down. We do not fear any prosecutor. We are known for our tenacity and conviction in defending our clients in drug crimes cases. Our reputation as knowledgeable defense lawyers brings the media to us seeking legal analysis in high-profile drug crime cases.
Although this is one of the most serious drug offenses you could face, know that you still have the right to strong legal counsel. Our firm can fight to make sure that doesn’t happen. Since the penalties have the potential to dramatically alter the course of your life (lengthy prison time, fines, stigma, etc.) you need the help of a Las Vegas drug crime attorney like the ones at Okabe & Haushalter. Contact us today to learn more about your possible defense options.
According to California Health and Safety Code § 11352:
(a) Every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport (1) any controlled substance …or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, four, or five years.
(b) Notwithstanding the penalty provisions of subdivision (a), any person who transports for sale any controlled substances specified in subdivision (a) within this state from one county to another noncontiguous county shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for three, six, or nine years.
The U.S. DEA provides the federal trafficking penalties for Schedules I through V drug trafficking offenses with the exclusion of marijuana offenses.
Trafficking cocaine (Schedule II drug) in any amount from 500-4999 grams, on first offense, is 4 to 50 years’ imprisonment. The fine cannot exceed $5 million for individuals and cannot exceed $25 million for multiple offenders. Second offense for this amount is 10 years to life imprisonment and fines that cannot exceed $8 million for individuals and $50 million for multiple offenders.
Trafficking 5 kilograms or more of cocaine, on first offense, is punishable by 10 years to life imprisonment. Fine is $10 million maximum for individuals and $50 million for multiple offenders. Second offense for this amount will warrant 20 years to life imprisonment and a fine of $20 million maximum for an individual and $7 million maximum for multiple offenders.
Trafficking heroin (Schedule I drug) in any amount from 100-999 grams on a first offense has the same penalties as a first offense for cocaine trafficking (500-4999 grams). The second offense penalties correspond with the penalties for a second cocaine trafficking offense.
Trafficking 1 kilogram or more of heroin, on a first offense, carries the same penalties as a first offense for 5+ kilograms of cocaine. A second offense for this amount of heroin also corresponds to the second offense penalties for 5+ kilograms of cocaine. For a third or subsequent trafficking conviction of this nature, the penalty is life imprisonment.
Our San Francisco drug crime attorneys are equipped with the knowledge of various legal defenses against trafficking and related offenses. One possible defense is claiming that there were an illegal search and seizure. If we can prove this, then there was a violation of your fourth amendment rights, and your case may have little evidence left to stand on to warrant a conviction. Your charges may have even resulted from police entrapment. Although entrapment is illegal, the line is often blurred between actual entrapment and good police investigation. The legal defense will differ depending on each particular case. To learn what legal defenses you might be entitled to, do not hesitate to contact our San Francisco drug trafficking lawyers!