DC Drug Conspiracy Lawyer

Drug conspiracy cases are most often brought in federal court, which makes them more serious with more severe penalties than a drug case brought in DC Superior Court. These cases can be serious and complicated because often in drug conspiracy cases, the government previously sought and obtained search warrants that involve wire-tapping and extensive searches of different properties. There are typically multiple individuals being charged together in a case, which makes the case that more complex and serious. As a result, anyone facing charges would benefit from a DC drug conspiracy lawyer as an experienced drug attorney can build a defense and fight for their client’s rights for a positive outcome in their case.

Proving Drug Conspiracy in DC

With a drug conspiracy case, as with any drug case, the prosecution must prove that there were drugs involved and that the individuals either possessed drugs or were involved in a drug transaction. Specific to the conspiracy charge, the government must prove that the individual specifically was involved in a criminal enterprise where they agreed with other people to participate in a drug distribution scheme. There must be sufficient evidence of intent to show that the individual was not just merely someone who was there or someone who got swept up in the arrest, but actually was actively involved in some capacity in the planning and carrying out of the drug enterprise.

Multiple Charges

A person can be charged with conspiracy in addition to the underlying offenses and they should expect that to occur in a drug conspiracy case. They can expect to be charged with either drug distribution or possession with intent to distribute drugs and a separate count is charged for the conspiracy. In other words, the person is charged for their individual actions that they actually possessed drugs or constructively possessed drugs with the intent to distribute them. Then, the presence of other conspirators involved in this enterprise results in additional charges of conspiracy. That individual can be prosecuted for the conspiracy as well as all of the underlying offenses. Especially if someone is charged with multiple offenses, a DC drug conspiracy attorney will be essential in mitigating or negotiating charges.

Penalties and Sentencing

DC is a unique location because there are overlapping jurisdictions of the federal and superior courts handled and prosecuted by the same prosecutorial agency, the United States Attorney’s Office. In every other jurisdiction in the country, the United States Attorney’s Office handles federal cases only. But in DC, they also handle cases in Superior Court instead of a district attorney, state’s attorney, county attorney, or city attorney. The United States Attorney’s Office functions as almost all of those in DC.

The Office of the Attorney General of DC handles juvenile cases, criminal traffic matters, and a couple other specific misdemeanor offenses, but not any felonies or drug cases. When someone is charged with being involved in a conspiracy, which by definition means more than one person is operating together in a criminal enterprise, those cases are usually brought in federal court by the US Attorney’s Office in DC.

Both DC Superior Court and DC Federal Court have sentencing guidelines to determine the appropriate sentence in a case. The guidelines are no longer mandatory, but nonetheless, a judge must be justified when deviating from those guidelines. In Superior Court, an individual charged with drug trafficking, (such as the distribution of drugs) faces the potential of prison. If it is the first offense, they might receive probation with or without a small amount of jail time. Conversely, in federal court, if an individual is convicted of drug conspiracy, that individual should expect to receive a prison sentence of at least several years in federal prison making it important that those accused consult with a drug conspiracy lawyer in DC.