Controlled Substances Defense Attorney

What Is a Controlled Substance?

Under U.S. federal law, criminal offenses involving a controlled substance are governed by Title 21 of the United States Code (USC). Commonly referred to as the “Controlled Substance Act (CSA), Section 841of the CSA makes it illegal to:

(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or

(2) to create, distribute, or dispense, or possess with intent to distribute or dispense, a counterfeit substance.

The Controlled Substances Act (CSA) categorizes controlled substances by schedule based on medical use, potential for abuse, and safety or dependence liability as follows:

• Schedule I. Drugs, substances, or chemicals with no currently accepted medical use and a high potential for abuse.
• Schedule II. Drugs, substances, or chemicals with a high potential for abuse, with use potentially leading to severe psychological or physical dependence.
• Schedule III. Drugs, substances, or chemicals with a moderate to low potential for physical and psychological dependence.
• Schedule IV. Drugs, substances, or chemicals with a low potential for abuse and low risk of dependence.
• Schedule V. Drugs, substances, or chemicals with lower potential for abuse than Schedule IV and consist of preparations containing limited quantities of certain narcotics.

 

What Are the Potential Penalties If I Am Convicted of a Controlled Substance Crime?

The potential penalties you face, if convicted of a federal crime related to a controlled substance, will depend on several factors, including the type and amount of drugs involved, your criminal history (or lack thereof), and any aggravating factors (such as the use of a firearm). Many controlled substance offenses carry a mandatory minimum sentence if convicted.

According to the U.S. Sentencing Commission (USSC), the average sentence for drug trafficking offenders in 2022 was 78 months but varied by drug type. Of all defendants convicted, 96.6 percent were sentenced to prison with 64.7 percent being convicted of an offense carrying a mandatory minimum penalty. Methamphetamine was both the most common (48.8%) drug trafficked and the drug that garnered the longest average prison term at 95 months. Powder cocaine, fentanyl, heroin, and crack cocaine round out the top five most trafficked controlled substances. Factors such as the use of a weapon, having a supervisory role, or trafficking/distributing drugs near certain areas such as a school will increase your sentence if convicted.
 

Do I Have a Defense If I’m Charged with a Controlled Substance Offense?

Being involved in a controlled substance investigation or being charged with a controlled substance criminal offense by the federal government can be frightening given the potential for a lengthy term of imprisonment if convicted. Fortunately, there may be a defense available in your case to prevent a conviction or to decrease your sentence if you are convicted. Only an experienced controlled substances defense attorney can review the facts and circumstances of your unique case and discuss what defenses may be available; however, some commonly used defenses in a controlled substance prosecution include:

• Challenging the reliability of informants. Informants are frequently used in controlled substance investigations; however, an informant must be reliable and credible for his/her testimony to be used against you. Your attorney may question an informant’s credibility and/or reliability as part of your defense strategy.
• Excluding evidence obtained from an illegal search and seizure. If evidence was obtained during a search of your vehicle, home, business, or person, the prosecution must prove that a valid warrant existed or that an exception to the warrant required applied. Law enforcement officers must also follow proper rules and procedures when conducting a search and seizure. If evidence was obtained during an illegal or improperly conducted search and seizure, your attorney may be able to get that evidence excluded from trial.
• Relying on the prosecution’s failure to prove all elements of the crime. Sometimes, the prosecution’s case is weak enough that an experienced defense attorney will rely on the prosecution’s failure to prove all elements of the crime beyond a reasonable doubt as a defense strategy.
• Substantial assistance. If it appears that a conviction cannot be avoided, providing “substantial assistance” to the prosecution is one way to decrease your sentence.

 

Get Help from an Experienced Controlled Substances Defense Attorney

If you are facing a federal prosecution involving a controlled substance, your freedom, and your future are at stake. To protect yourself and your rights, you need an experienced controlled substances defense attorney on your side immediately. The team at Haas Law has the experience, resources, and determination to protect you and defend you when the U.S. government is trying to convict you of a crime that could send you to prison for an extended period of time.

Call us at 407-755-7675, chat with us online, or submit our online form today. Because we understand that time is of the essence when federal law enforcement authorities are investigating you, our calls are answered 24 hours a day, allowing you to schedule an appointment as soon as possible to discuss your legal options.