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MESA PHOENIX FEDERAL DRUG CHARGES ATTORNEY

Federal drug charges include:

 

  • Prohibited Acts A (drug trafficking of a controlled or counterfeit substance):  21 U.S.C. § 841 ;

 

  • Prohibited Acts B (drug trafficking by a registrant or regulated person):  21 U.S.C. § 842;

 

  • Prohibited Acts C (additional drug trafficking activities by a person or registrant):  21 U.S.C. § 843;

“Federal case law could mean your freedom.  Many attorneys won’t even look, but if there’s a case that helps you I’ll find it.”  Lisa Witt

  • Penalties for Simple Possession:  21 U.S.C. § 844

 

  • Attempt and conspiracy:  21 U.S.C. § 846;

 

  • Continuing criminal enterprise:  21 U.S.C. § 848;

 

  • Transportation safety offenses:  21 U.S.C. § 849;

 

  • Investment of illicit drug profits:  21 U.S.C. § 854;

 

  • Maintaining drug-involved premises:  21 U.S.C. § 856;

 

  • Endangering human life while illegally manufacturing controlled substance:  21 U.S.C.  § 858;

“The Controlled Substances Act is not based on science.  I understand science and can use it against the government.”  Lisa Witt

  • Distribution to persons under age twenty-one:  21 U.S.C. § 859;

 

  • Distribution or manufacturing in or near schools and colleges:  21 U.S.C. § 860;

 

  • Employment or use of persons under 18 years of age in drug operations:  21 U.S.C. § 861;

 

  • Drug paraphernalia:  21 U.S.C. § 863;

 

  • Anhydrous ammonia:  21 U.S.C. § 864; and

 

  • Smuggling methamphetamine or methamphetamine precursor chemicals into the United State while using facilitated entry programs:  21 U.S.C. § 864.

 

Depending on the controlled substance and whether there was death or serious bodily injury, the penalty for a first offense for drug trafficking ranges from not more than one year to life in prison and fines not more than $100,000.00 to not more than  $20 million.  The penalty for a first offense for drug possession is up to one year in prison (not including possession of roofies), a minimum fine of $1,000.00, and civil penalties.  The penalty for a first offense for possessing drug paraphernalia is up to three years in prison and a fine.  Forfeiture of personal property and real estate related to the federal drug charges is mandatory if a person is convicted of a federal drug charge punishable by more than one year in prison.  A federal drug conviction may also result in the loss of federal benefits such as school loans, grants, contracts, and licenses.

DEFENSES FOR FEDERAL DRUG CHARGES IN ARIZONA

 

The penalties for federal drug charges under the Controlled Substances Act are extremely punitive.    Lisa will thoroughly evaluate your case and determine if one or more of the following potential defense strategies apply: 

  • Conduct described does not violate the Controlled Substances Act:  The conduct described in the indictment may not fit the statutory description found in the Controlled Substances Act.

 

  • Lack of knowledge:  You did not have the requisite knowledge of the presence of drugs.

 

  • Mere presence:  Merely being present around drugs does not make you guilty of drug possession.

 

  • Necessity:  You acted as described in the indictment based on necessity.

 

  • Duress:  You acted as described in the indictment because you were under duress.

 

  • Government witnesses are not credible:  They are mistaken or lying about what happened.

 

  • Entrapment:  You may have been entrapped by federal law enforcement to commit federal drug offenses. 

 

  • Impossibility of government’s story:  The government’s story may be impossible based on the timeline or other evidence.

 

  • Missing or tainted evidence:  Sometimes the government’s evidence is missing or tainted. 

 

  • Suppression of government’s evidence:  The government may have violated your constitutional rights or otherwise acted illegally in obtaining evidence or your confession.

 

  • Insufficiency of government’s evidence:  The government may have insufficient evidence to prove federal drug charges beyond a reasonable doubt.

 

  • Law enforcement misconduct:  There may be law enforcement misconduct in investigating the charge, collecting the evidence, interviewing the victim and witnesses, or obtaining your confession.

 

  • Government misconduct:  There may be government misconduct in disclosing the evidence, interviewing victims and witnesses, and in the general course of your case.

 

  • Possible other defenses:  Depending on the unique circumstances of your case, there may be other possible defenses.  Lisa thinks outside the box when defending your case so she may come up with a novel defense that no other attorney has thought of before.

 

If you or a loved one are facing federal drug charges, it’s very important to hire an analytical, passionate defense attorney who will fight for you as soon as possible.  Call LisaLaw, LLC or fill out the on-line form for a free case review.

Lisa Witt is a Mesa/Phoenix, Arizona Federal Drug Charges defense attorney serving clients facing charges in the East Valley, West Valley, Maricopa County, Scottsdale, Tempe, Chandler, Fountain Hills, Apache Junction, Gold Canyon, Queen Creek, Gilbert, Casa Grande, Surprise, Goodyear, Buckeye, Youngtown, Ahwatukee, Avondale, Tolleson.

Phoenix Criminal Defense Lawyer