Las Vegas Federal Drug Trafficking Attorney

One of the most common charges at the center of cases in federal courts is drug trafficking. This is an extremely broad term that can apply to any offense involving the manufacture, import, export, distribution, dispensing of, offer to sell, or the possession of a controlled substance or counterfeit substance with intent to manufacture, import, export, distribute, or dispense.

If a person is convicted of knowingly trafficking illegal drugs, the consequences can be quite severe. Oftentimes these charges carry the possibly of incredibly harsh mandatory minimum sentences that a judge is powerless to deviate from.

Las Vegas Federal Drug Trafficking Lawyer

If you are facing federal charges for drug trafficking, you cannot waste any time in contacting an experienced Nevada criminal defense attorney. Michael Pariente is licensed to defend clients in U.S. District Court in Nevada as well as all state courts in the Silver State.

Pariente Law Firm, P.C. represents clients all over Clark County, including Boulder City, Enterprise, Henderson, Laughlin, Mesquite, Nellis Air Force Base, North Las Vegas, Paradise, Spring Valley, and Sunrise Manor. Call (702) 966-5310 for a free consultation that will let our firm review your case and discuss your legal options.

Clark County Federal Drug Trafficking Information Center

• What are the consequences if a person is convicted of these charges?
• What are conspiracy chares?
• Are there ways to get federal sentences reduced?
• What defenses does a person have against these charges?

Federal Drug Trafficking Penalties in Nevada

The severity of a federal conviction for trafficking depends on the type of controlled substance, the amount of the controlled substance, and whether the alleged offender has been previously convicted of a drug offense. The following table shows the United States Drug Enforcement Agency’s (DEA) range of federal trafficking penalties:

Clark County Conspiracy Charges in Addition to Federal Drug Trafficking

Just as the definition of trafficking can be very expansive, the same holds true for allegations of conspiracy. Not surprisingly, many federal charges of drug trafficking are often accompanied by conspiracy charges as well.

Title 18 U.S. Code § 371 defines conspiracy as being when “two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy.” Title 21 U.S.C. § 846 specifically criminalizes conspiracies involving the manufacturing, distribution, or possession with intent to distribute illegal drugs.

Conspiracy charges are typically added on to underlying federal charges, resulting in increased penalties. Additionally, a person can be accused of conspiracy no matter how small his or her role and regardless of whether the alleged conspiracy is even committed.

Nevada Options for Mitigating Federal Drug Trafficking Sentences

While trafficking charges may have possible mandatory minimum sentences, there are two statutory provisions that allow for reduced sentences in certain cases. These include:

• Substantial Assistance — If the alleged offender provides information that leads to the investigation or prosecution of other offenders, the prosecutor may file one of two motions that can result in a sentence below the mandatory minimum terms:
  • 5K Motion — Under §5K1.1 of the United States Sentencing Commission Federal Sentencing Guidelines, a prosecutor may file this motion before sentencing for a sentence reduction based on:
    • The court’s evaluation of the significance and usefulness of the alleged offender’s assistance, taking into consideration the government’s evaluation of the assistance rendered
    • The truthfulness, completeness, and reliability of any information or testimony provided by the alleged offender
    • The nature and extent of the alleged offender’s assistance
    • Any injury suffered, or any danger or risk of injury to the alleged offender or his family resulting from his assistance
    • The timeliness of the alleged offender’s assistance
  • Rule 35 Motion — Under Rule 35(b) of Title VII of the Federal Rules of Criminal Procedure, a prosecutor may file this motion after sentencing for a reduction of the previously imposed sentence if the alleged offender provided information:
    • That was not known to the alleged offender until one year or more after sentencing
    • That the alleged offender provided to the government within one year of sentencing, but did not become useful to the government until more than one year after sentencing
    • In which the usefulness could not reasonably have been anticipated by the alleged offender until more than one year after sentencing and which was promptly provided to the government after its usefulness was reasonably apparent to the alleged offender
• Safety Valve Provision — Under Title 18 U.S. Code § 3553(f), certain nonviolent, low-level alleged drug offenders can be eligible for sentences below the mandatory minimum if they meets all five of the safety valve requirements:
  • Alleged offender has little or no history of criminal convictions (no more than one criminal history point, as determined under the sentencing guidelines)
  • Alleged offender did not use violence, credible threats of violence, or possess a firearm or other dangerous weapon during the offense
  • Alleged offense did not result in death or serious bodily injury to any person
  • The alleged offender was not an organizer, leader, manager, or supervisor of others in the offense and was not engaged in a continuing criminal enterprise
  • Not later than the time of the sentencing hearing, the alleged offender truthfully provided all information and evidence the defendant has concerning the alleged offense or offenses that were part of the same course of conduct or of a common scheme or plan

Federal Drug Trafficking Defenses in Clark County

The severity of federal charges can often lead those accused of serious offenses to believe that they are powerless to defend themselves. However, there may be several possible defenses against drug trafficking charges. Some examples include, but are not limited to:

• Alleged offender misidentified
• Alleged offender unaware of trafficking activities
• Crime lab analysis errors
• Drug quantity incorrect
• Drugs did not belong to alleged offender
• Entrapment
• Illegal search and seizure
• Lack of evidence
• Legal prescription for alleged controlled substances
• No probable cause
• No trafficking intent (simple possession)

Find the Best Federal Drug Trafficking Lawyer in Las Vegas

A conviction for this type of charge can have a profound impact on a person’s ability to obtain housing, employment, or public benefits. Pariente Law Firm, P.C. works to achieve the most favorable outcome in cases like these for people all over the city of Las Vegas, whether they were arrested on the Vegas Strip or a surrounding area in Clark County.

Michael Pariente fights to defend the rights of clients in federal court as well as state courts throughout Nevada. He can provide a complete evaluation of your case to help you understand your legal options when you call (702) 966-5310 to schedule a free consultation.