This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founder, Daniel Perlman who has years of legal experience as a Federal Crimes attorney. Our last modified date shows when this page was last updated & reviewed.
By: Daniel Perlman
Federal drug trafficking charges are serious. If you are arrested in Colorado, you could face both state and federal prosecution. Understanding the penalties and possible defenses under federal law is critical. Drug crimes such as drug trafficking, possession with intent to distribute, and drug manufacturing carry long sentences and heavy fines. Many of these crimes involve controlled substances such as cocaine, heroin, or methamphetamine.
Federal law enforcement agencies, like the DEA, often step in when large quantities of drugs are involved or when drugs move across state lines. If you are under investigation or facing drug charges, it is vital to have a defense attorney who understands federal drug laws and can protect your Fourth Amendment rights. The right legal counsel can make the difference between a long prison sentence and a reduced or dismissed charge.
Federal drug trafficking is defined under 21 U.S.C. § 841. It includes transporting, distributing, or selling illegal drugs or controlled substances. The law applies to Schedule I, II, III, IV, and V drugs. This includes substances like cocaine, heroin, meth, fentanyl, and prescription opioids. You do not need to cross state lines to be charged under federal law. If federal agents are involved or if the crime meets federal thresholds, you may be charged in federal court. Possession with intent to distribute can also qualify as drug trafficking.
Federal drug cases are handled differently from state-level offenses. The penalties are usually more severe. Federal drug trafficking laws come with mandatory minimum sentences. Prosecutors in federal court have less flexibility during plea negotiations. The Drug Enforcement Administration and other federal agencies may investigate and bring charges. If your case involves drug smuggling, a drug conspiracy, or interstate transport, it will likely fall under federal jurisdiction.
Most federal drug trafficking charges involve large amounts of illegal drugs. This often includes cocaine, heroin, methamphetamine, fentanyl, and marijuana. While recreational marijuana is legal under some Colorado laws, it is still illegal under federal law. Federal charges may also apply to synthetic cannabinoids, prescription opioids, and Schedule III or Schedule IV drugs like Xanax or Adderall.
The amount of drugs found can lead to federal prosecution. Federal law sets quantity thresholds for drug crimes. For example:
Possession of these amounts with the intent to distribute or sell can lead to drug trafficking charges. These thresholds are important in determining the seriousness of the charge and the sentence you could face. A higher drug quantity usually results in more prison time.
Federal drug laws include mandatory minimum sentences. These laws require judges to impose certain prison terms based on drug type and quantity. For instance, a conviction involving 500 grams of cocaine may lead to a 5-year minimum sentence. A second conviction or involvement with guns can raise this to 10 years or more. Repeat offenders face even harsher penalties. These mandatory minimums limit the court's ability to reduce sentences.
Some factors can increase your sentence. These include:
Each of these situations can raise your sentence under federal law. If you are charged with a Continuing Criminal Enterprise, the penalties can be even greater.
Federal sentencing guidelines consider the type, quantity, and nature of your criminal record. The Controlled Substances Act divides drugs into five categories, known as schedules. Each schedule reflects a drug's potential for abuse and accepted medical use:
The more serious the schedule and the larger the drug quantity, the higher the penalties under federal law.
Federal drug investigations often begin with the DEA or the FBI. Homeland Security may also get involved. Common tools used in these cases include:
Law enforcement may also work with local police. Drug conspiracy charges often result from these investigations. If you are suspected, they may track your phone, monitor your activities, or get warrants to search your home or vehicle.
You may not be arrested right away, but there are signs that suggest you are under federal investigation:
If you notice any of these signs, contact a criminal defense attorney immediately.
If you are arrested:
Anything you say can be used against you. You have the right to remain silent under the Fifth Amendment. Always speak with legal counsel before cooperating with law enforcement.
There are several ways to fight federal drug charges. Common legal defenses include:
A good criminal defense lawyer will look for any flaws in how the evidence was handled. They will also challenge the credibility of informants and law enforcement.
If police violated your Fourth Amendment rights, your attorney can file a motion to suppress. This means the court may throw out any evidence obtained from an illegal search. Without that evidence, the prosecution may be forced to reduce or dismiss the charges.
A federal criminal defense attorney is critical to your case. These lawyers are well-versed in the complexities of federal drug trafficking laws. They will:
You need legal representation from someone who regularly handles federal drug cases. Do not rely on general criminal law experience alone.
Not every case goes to trial. Sometimes, a plea agreement or plea bargain can lead to a shorter sentence. A defense attorney can help you decide if accepting a plea is the right move. These negotiations must be handled carefully, especially under strict federal guidelines.
Colorado is a hub for drug trafficking due to its location. Major highways and airports make it easier to move large quantities of drugs. Federal agencies often target the Denver area and its surrounding regions. As a result, federal drug trafficking charges are on the rise. Colorado drug laws may be more relaxed in some areas, like marijuana, but federal law still applies.
Can I Be Charged Even if I Never Crossed State Lines?
Yes. If the drugs or actions meet federal criteria or involve large quantities, you can face charges even without crossing state lines.
What if It Were My First Offense?
First-time offenders may still face prison. However, legal defenses, plea bargaining, or eligibility for drug court might help reduce the charges or sentence.
Will I Go to Prison?
Prison is likely if you're convicted, especially if large drug amounts, firearms, or prior offenses are involved in your federal drug case.
Can My Property Be Seized?
Yes. Federal drug laws allow for property seizures tied to illegal drug activities through civil or criminal forfeiture actions.
What Happens to Others Arrested With Me?
They can be charged too. Everyone involved may face drug conspiracy charges, even if one person played a minor role in the offense.
If you are facing federal drug charges in Colorado, you need legal help now. The sooner you act, the better your chance of protecting your rights. At Perlman Defense Federal Criminal Lawyers, we offer a free consultation. Our team of Denver drug crimes attorneys will review your case and explain your legal options. Whether you face drug trafficking, possession with intent to distribute, or drug manufacturing charges, we can help. Contact us today for strong legal representation you can trust.
Daniel R. Perlman, the founding attorney at Perlman Defense Federal Criminal Lawyers, leverages his extensive background as a former prosecutor to provide superior defense strategies for clients across federal courtrooms. Earning his Juris Doctor from the Catholic University of America's Columbus School of Law, he first honed his legal skills with the Maryland State’s Attorney’s Office.
This diverse experience enables him to advocate effectively, understanding prosecution tactics intimately, which he expertly counters in defense of his clients. With a profound commitment to justice, Daniel leads his team in tackling complex federal cases, from white-collar crimes to violent offenses, ensuring the highest level of defense through every phase of the criminal process.
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