Heroin Drug Trafficking Lawyer
Every state has its own specific drug trafficking laws. Heroin trafficking is generally defined as the possession with intent to distribute, or the actual distribution of, a certain amount of heroin. Drug trafficking is also a crime that depends on weight and measurement. If you are caught with a specific amount of heroin, you can be charged with heroin trafficking. This can even hold true in cases where you did not manufacture, sell, transport, or distribute the heroin. All that matters can be the amount of heroin with which you were caught. That being said, there are a few things the prosecution must prove in order to get a conviction:
- Intentional Possession – The prosecutors must not only show that you possessed the specified amount of heroin, they must also show that the heroin was possessed intentionally. One simple example of unintentional possession would be renting a house which had heroin stored in the attic without your knowledge. If the prosecutors cannot prove intentional possession of heroin, they are unlikely to get a successful conviction.
- Amount of Heroin – The specific amount of drugs required to be charged with drug trafficking varies from drug to drug. In the case of heroin, federal law states that being caught with 100 grams or more of heroin is enough to be charged with heroin drug trafficking.
In addition to state courts, individuals can be charged with heroin trafficking in federal courts. This may be the case if the offence involves illicit activity in multiple states, or if the heroin was crossed along state lines.
The penalties for trafficking heroin depend on the state or federal law, the amount of heroin, and whether it’s a first, second, or third offence. For example, according to federal law, individuals who are caught with 100-999 grams of heroin (first offence) face between 5 – 40 years in prison, or a minimum of 20 years in prison if death or injury occurred and a maximum fine of $5 million for individuals, or $25 million for multiple people. Second offences and third offenses carry harsher penalties.
If you are being charged with trafficking heroin, call attorney David M. Dudley today. David is a Harvard educated, heroin trafficking attorney with many years of experience handling federal and state drug trafficking cases. Call (800) 805-6167 today for a free case evaluation.