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Federal drug charges are usually accompanied by complex, high-stakes cases run by tough federal prosecutors. Not just any attorney will suffice when it comes to cases for federal drug crimes — you need an attorney with experience defending serious offenses at the federal level. Criminal defense attorneys might cut it during a case for drug paraphernalia in Texas, but not for federal drug offenses like trafficking, manufacturing, et al.
Losing a federal drug case usually means significant time in prison and a very different life when — or if — you get out. If you or a loved one is under investigation for federal drug charges, you need a federal drug crimes attorney if you have any hope of protecting your freedom.
Donald Flanary is an experienced and aggressive drug crimes attorney who is not afraid to defend his clients in federal court. If you need an experienced federal attorney in San Antonio, you need Don Flanary.
If you are facing federal drug charges in San Antonio, speak with our federal drug crimes lawyer today. Call (210) 738-8383 for a free, confidential consultation.
Why are some drug cases federal and others handled by the state? Federal drug charges usually involve moving a large amount of a substance across state lines, but this is not always the case.
Although federal drug crimes are handled by federal agents from either the Drug Enforcement Agency (DEA) or the Federal Bureau of Investigation (FBI), this does not mean that stops by local or state police won’t be used as evidence for federal charges.
Below are some of the more common federal drug charges.
Trafficking: Drug trafficking in Texas refers to the manufacture, delivery, or possession with intent to deliver an illegal drug. Drug trafficking is the most common federal drug crime by far — in fact, a study by the U.S. Department of Justice published in October of 2015, shows that 99.5% of drug offenders in federal prison were serving sentences for drug trafficking.
Cocaine (powder or crack cocaine, a Schedule II drug) was the primary drug type trafficked by more than half of drug offenders in federal prison, and nearly a quarter of drug offenders in federal prison used a weapon in their most recent offense.
Drug trafficking is a serious crime, a conviction for which will likely lead to years in prison. You only get one life, so do what you can to save it by calling a federal drug attorney like Donald Flanary who will make your freedom his business.
Cultivation: Because federal marijuana laws are anything but simple, marijuana cultivation can be charged as either a state or federal drug offense depending on a few circumstances:
The Organized Crime Drug Enforcement Task Force (OCDETF) investigates and prosecutes drug trafficking and money laundering criminal conspiracies in the Western District of Texas and the San Antonio office. The task force works with federal, state, and local law enforcement agents to apply for and manage court-ordered electronic surveillance and wiretaps.
You can be busted for marijuana cultivation by local police, state police, the DEA, the FBI, or the OCDETF. People do still go to prison for marijuana — just because marijuana is legally sold in some states in the U.S., does not mean that it is legal to cultivate and traffic.
Federal drug cases in the San Antonio area are handled in the United States District Court for the Western District of Texas, San Antonio Division. This court serves as the trial court for federal criminal prosecutions involving drug trafficking, conspiracy, manufacturing, and other serious federal offenses.
The San Antonio Division is located at:
United States District Court – Western District of Texas
San Antonio Division
262 West Nueva Street
San Antonio, Texas 78207
Cases prosecuted here are brought by the U.S. Attorney’s Office and are often investigated by federal agencies such as the DEA, FBI, or Homeland Security Investigations (HSI). Federal court procedures are very different from state court, including stricter evidentiary rules, federal sentencing guidelines, and mandatory minimum prison terms in many drug cases.
If a defendant is convicted in the Western District of Texas, any appeal is heard by the United States Court of Appeals for the Fifth Circuit, which has jurisdiction over Texas, Louisiana, and Mississippi. Navigating both trial-level federal court and potential appeals requires an attorney with specific federal courtroom experience.
Although this list is not exhaustive, some of the most commonly prosecuted drug crimes in Federal Court include:
Federal drug laws provide for harsh penalties and minimum mandatory prison sentences for drug crimes. According to the study by the U.S. Department of Justice, although more than a third of drug offenders in federal prison at sentencing had either no or minimal criminal history, the average prison sentence for federal drug offenders was more than 11 years.
For more information on federal drug laws sentencing guidelines, see the complete list of federal mandatory minimum sentences and the full list of federal trafficking penalties.
Federal drug charges place your freedom, career, and future at serious risk. From the moment you become aware of a federal investigation, having an experienced federal drug crimes attorney on your side can make a critical difference.
At Flanary Law Firm, PLLC, Don Flanary helps clients by:
Federal drug cases are complex, high-stakes matters where experience matters. Don Flanary understands the federal court system in San Antonio and knows how to build a defense strategy designed to protect your freedom at every stage.
If you or a loved one is facing federal drug charges or believes you are under investigation, contact Flanary Law Firm, PLLC today for a free and confidential consultation at (210) 738-8383.
Federal drug prosecutions are aggressive, but they are not unbeatable. A strong defense begins with a detailed review of how the investigation began, how evidence was obtained, and whether federal agents followed constitutional rules at every stage.
Common defenses in federal drug cases may include:
This is not an exaustive list of defenses available. However, it is important to note that because federal prosecutors must meet a high burden of proof, identifying even small errors in procedure or evidence handling can significantly impact the outcome of a case.
The entrapment defense is a common element in many federal drug cases. This defense is powerful because once it is raised, the government has the burden of proving beyond a reasonable doubt that the defendant was not entrapped. The government must prove that either:
When a person, before government contact, is predisposed to commit the crime, it is not entrapment if the government agents merely provide an opportunity to commit the crime. When determining whether the defendant was predisposed to commit the crime before being approached by government agents, the following factors are considered:
When considering whether the defendant was induced by government agents to commit the offense, the courts look at whether the government agents created a substantial risk that an otherwise innocent person would commit an offense. That government conduct that can constitute entrapment can include:
Correctly executing an entrapment defense is just one way in which your federal attorney can help you seek justice.
Nothing is guaranteed in a federal court, but the best thing that you can do for yourself is to hire the right attorney to fight your federal drug charges. If you or a loved one has been arrested or are being investigated for drug trafficking or other federal drug charges, call Donald Flanary today. He has experience representing clients charged with numerous drug trafficking and money laundering-related offenses in San Antonio.
Call Flanary Law Firm today at (210) 738-8383 for a free case evaluation and consultation.
