You’re not going to know that you’re under a federal investigation for drugs. As a former federal prosecutor, I can tell you that the feds build a drug case by spending months or even years secretly gathering evidence until they feel they have enough to arrest you. The DEA, FBI, HSI, and Drug Task Force don’t want to give themselves away.
In this guide, our Phoenix federal drug crime lawyers explain how federal investigators build drug cases so that you can be prepared and fight back.
How Do Tips Impact Federal Drug Cases?
Our Phoenix criminal defense lawyers know that many federal drug cases start with a tip. That tip most often comes from someone trying to save their own skin after they’ve been arrested. These parties, called confidential informants, will frequently turn over suppliers or distributors in an effort to reduce the sentence they’re facing.
Federal agents can verify their information and determine whether or not their information is worth pursuing. If it is, agencies like the DEA and FBI can open an investigation into a named target.
This isn’t the end of a confidential informant’s role in a federal drug case, though. While tips from confidential informants can kickstart a federal drug investigation, confidential informants can also serve as undercover agents, wearing wires and connecting with old contacts to offer federal prosecutors more information about an operation.
What Is Proactive Targeting?
Federal investigations may begin with tips, but they often evolve into wide-reaching operations. Proactive targeting refers to a process used by federal agencies to establish an intelligence network that can help them identify who’s involved with a drug operation, including its leadership, suppliers, and financiers.
Federal agencies engaging in proactive targeting have the right to engage in sweeping investigations, which may include wiretapping. However, agents that want to wiretap individuals or businesses must argue that other investigative methods will not provide them with enough data to move forward with their cases.
If a federal judge approves a wiretap, agents can access phone calls and text messages relevant to an ongoing drug operation. They can use this data to confirm what other forms of evidence have already revealed: that Arizona-based institutions and other targeted individuals may be aiding and abetting drug trafficking operations.
How Mandatory Minimum Sentences Impact Your Case
If you’re accused of a federal drug offense, you’re going to face a mandatory minimum sentence upon your conviction. Federal courts base these minimums on the types and amounts of drugs involved in a case.
Smaller quantities can see accused individuals face a minimum of five years in prison. Larger quantities may compound those charges, leaving the accused facing a mandatory ten years in prison. If the accused has an existing criminal history or felony convictions, mandatory minimum sentences can force courts to charge the defendant with a minimum of 25 years in prison.
Federal prosecutors bank on mandatory minimum sentences. Most prosecutors will stack these charges and compound them with accusations of conspiracy to make a case seem devastating for the defendant. Prosecutors can then approach a defendant with a plea deal that seems generous, especially when compared to the threat of protracted imprisonment.
What Are Conspiracy Charges?
“Conspiracy” specifically refers to conversations between two or more people. If a prosecutor levels conspiracy charges against you, you’re accused of helping to plan a drug operation of indeterminate size and can face consequences accordingly.
Prosecutors can use conspiracy charges to compound the accusations leveled against a defendant. For example, if you even briefly helped distribute drugs, you may face charges blaming you for the impact of the entire distribution operation, even if you never came into contact with certain drugs or oversaw transactions.
These can seem like overblown charges, but the prosecution can use them to intimidate the defense into cooperation. Defending against conspiracy charges requires your defense attorney to break down your specific relationship to an operation.
How Can You Defend Yourself Against Federal Drug Charges?
Federal agencies take their time when establishing a drug case. However, their process isn’t perfect. While the legal process can favor the prosecution as they build from tips to targeted investigations to compound charges, you can take steps to protect yourself.
A defense attorney, especially from a firm led by a former federal prosecutor, can help challenge the way the feds built your drug case, calling a confidential informant’s motivation and credibility into question. We can identify instances of entrapment and attack the investigative methods used to gather evidence of alleged crimes, including wiretaps and search and seizure methods.
When in doubt, we can also press to have a sentence mitigated or perceived roles in a crime reduced. The differences between the charges of a minor participant and a major participant are substantial; a classification as a minor participant can save you from up to ten years of imprisonment. A smart defense attorney knows when to negotiate and when to fight.
Phoenix Drug Crimes Lawyers Want to Work With You
The FBI, DEA, HSI, and Drug Task Force don’t want you to know that you’re under investigation. They’re not going to make it obvious that they’re looking into you. By the time you’re charged, they’ll have enough evidence against you to make your life incredibly difficult.
Fortunately, you’re not alone. At Suzuki Law Offices, our legal team is led by a former federal prosecutor, and we know how the feds build a drug case. We can pinpoint where the investigative weak points are in the prosecution’s argument, and we’re not afraid to point them out.
If you need help protecting yourself against federal drug charges or if you have questions about how a federal investigation might impact your future, reach out today. Our attorneys can help you craft a defense that protects your future. We are your voice in action, and we’re always available to help.
Call or text (602) 682-5270 or complete a Free Case Evaluation form