San Antonio Federal Drug Crimes Attorney
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.
Why Are Some Drug Cases Federal?
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 amount cultivated
- Whether the sale and supply lines crossed state lines
- Whether the operation was on federal land
- Whether a federal officer’s involvement in the initial arrest
- Whether there was use of a deadly weapon during the commission of the crime
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.
Why Choose Flanary Law Firm, PLLC?
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Constant CommunicationAt our firm, we always want our clients to feel empowered when defending against criminal charges. We aim to constantly communicate with our clients, answering questions and taking feedback as we progress through the case. We are always here to answer your questions or adjust your legal strategy as needed.
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A History of ResultsWith multiple decades of experience between our attorneys, we have a history of proven results and happy clients. We always aim to get a criminal case dismissed or have the charges lowered to reduce any penalties our clients are facing. We are confident we can get you the results you deserve.
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Experience You Can Count OnAt our firm, we pride ourselves on the diverse range of criminal cases we have worked on. From federal felony charges to state misdemeanors, we know exactly how to build a defense strategy that's right for you. Our team can handle even the most complex cases and are willing to be flexible with our strategies.
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Advice on Your TimelineWe understand that all criminal cases work at different paces. Whether you are just looking around for a lawyer because you're under investigation or you need immediate representation, our team can help. We will work with you no matter where you are in the process to protect your rights.
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Free Initial ConsultationsWe understand that hiring a criminal defense attorney is a big decision that many people need time to make. That's why we offer all our potential clients a free consultation to see if we're the right legal team for them. We will review your case and begin building a legal strategy to defend your rights.
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Personalized Legal Defense StrategiesAll criminal cases are different, so our dense strategies are too. We would never re-use a legal strategy from one client to the next because your case is too unique. We will always build a defense strategy that's personalized and effective for you to get the outcome you deserve.
Federal Drug Charge Defenses: Entrapment
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:
- The defendant was predisposed to commit the crime before being contacted by government agents (including an undercover law enforcement officer or confidential informant)
- The defendant was not induced by the government agents to commit the crime
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:
