Staunch Defense For Federal Drug Crimes
As a result of the decades-long “War on Drugs” and federal and state legislators pandering to uninformed voters in an attempt to seem “tough on crime,” federal and state drug crimes usually carry long prison sentences, much longer than needed or useful. Richard Rice is a former federal prosecutor who specializes in defending people accused of drug crimes, such as drug trafficking, drug conspiracy, and possession with intent to distribute. His Atlanta legal practice of The Rice Law Firm, LLC handles a broad range of serious federal charges.
When Richard Rice was an Assistant United States Attorney, he was one of the lead prosecutors for DEA in the Organized Crime and Drug Enforcement Task Force (OCDETF) section. In that role, he supervised and coordinate local and international drug investigations, involving agencies such as DEA, FBI, ICE, IRS, GBI, the Georgia State Patrol, and other state and local law enforcement agencies. As a result of this knowledge and experience, Richard Rice knows what can be done by the police investigating a drug crime, what the police should have done, and most importantly can identify what the police missed and what they did wrong. Whether your case involves a wiretap, physician “pill mills,” a snitch, a controlled buy, or a seemingly random traffic stop, Richard Rice utilizes his knowledge and experience to get you the best possible result.
Sentencing For Federal Convictions
Sentences for federal drug crimes, such as possession with intent to distribute, distribution, or a conspiracy to distribute drugs, are determined primarily by the federal sentencing guidelines. Federal sentencing guidelines take into account characteristics of the case such as criminal history, the quantity of drugs, the client’s role in the conduct, weapons, the number of participants, and the sophistication of the operation.
While the federal sentencing guidelines seem to concentrate on enhancing or increasing the sentence, there are numerous provisions that can result in a downward departure or reduction in a sentence. These include:
- Safety valve
- Acceptance of responsibility
- Minor role
- Coercion
- Duress
- Diminished capacity
- Aberrant behaviors
Only a criminal defense attorney with the knowledge and experience that Richard Rice possesses can ensure that you get all the benefits and reductions that you deserve. Attorney Rice also defends clients arrested for other criminal charges.
FAQs About Federal Drug Crime Cases
As a former federal prosecutor with extensive experience defending drug cases, Richard Rice receives many questions from clients facing federal drug charges. Below are answers to some of the most common questions people ask when confronting these serious legal matters.
What are the common defenses against federal drug trafficking charges?
Several defense strategies may be effective in federal drug trafficking cases. These include challenging the legality of searches and seizures that violate Fourth Amendment rights, questioning the chain of custody of evidence, identifying entrapment situations, disputing actual ownership or possession of drugs in question, or challenging the credibility of informants. In some cases, defendants may argue a lack of knowledge or intent, especially in conspiracy cases where they may have been unaware of illegal activities.
Can federal drug charges be reduced or dismissed?
Yes, federal drug charges can sometimes be reduced or dismissed. Motions to suppress evidence based on constitutional violations can result in dismissal if critical evidence becomes inadmissible. Negotiations with prosecutors may lead to plea agreements with reduced charges. Providing substantial assistance to authorities in investigations of others can lead to reduced sentences. Pretrial diversion programs may be available for first-time offenders in certain jurisdictions.
How does previous criminal history affect federal drug sentencing?
Previous criminal history significantly impacts federal drug sentencing through the Criminal History Category calculation in the Federal Sentencing Guidelines. The system assigns points based on a defendant’s prior convictions, with serious offenses carrying more weight. Higher criminal history scores place defendants in higher categories (I-VI), directly increasing the sentencing range. Certain prior drug convictions trigger mandatory minimum enhancements. A prior felony drug conviction can double mandatory minimums, while two or more prior drug felonies can lead to life imprisonment for certain offenses.
What are the potential penalties for federal drug crimes?
Federal drug crimes carry severe penalties that vary based on drug type, quantity and criminal history. Mandatory minimum sentences often apply: trafficking 500-plus grams of cocaine typically carries a five-year minimum, while five-plus kilograms carries a 10-year minimum. These minimums increase to 10 and 20 years, respectively, with a prior drug felony. Maximum penalties can reach life imprisonment for large quantities or cases involving death or serious bodily injury. Additional penalties include substantial fines up to millions of dollars, forfeiture of assets connected to the illegal activity or extended supervised release periods following imprisonment.
Contact Us For Free Evaluation Of Your Case
If you would like to learn how we can assist, call the practice at 770-615-0816 or contact us online. Our experienced and dedicated attorney is ready to help.