Newark Federal Drug Trafficking Attorney
Speak with a skilled, qualified Newark federal drug trafficking lawyer as soon as you’re able following your arrest or notification of charges. It’s never easy facing criminal charges, but you don’t have to go through the process alone. The team at Tim Anderson Law is here to support you and protect your legal rights.
What Are Federal Drug Crimes in Newark, New Jersey?
While New Jersey does enforce drug regulations and laws at the state level, there is also federal legislation prohibiting illicit drug use, manufacturing, distribution, and similar violations. Newark, similarly, recognizes these same federal laws.
It can be difficult to know when a drug case may be prosecuted at the state level or by federal law enforcement, so it’s important to consult with a qualified federal crime attorney. Federal drug crime cases in New Jersey are processed at the US District Court located at 50 Walnut St. #4015, Newark, NJ 07102, or at the Camden or Trenton federal courts.
Generally, a drug case falls under federal jurisdiction if the unlawful activity:
- Is covered under the specific federal drug crime statutes under Title 21 of the United States Code.
- Crosses state lines or involves federal property, such as government buildings, national parks, and military bases
- Utilized the internet, electronic transfers, or the mailing system
- Led to an arrest carried out by a federal law enforcement officer near an airport or on federal land
- Was discovered over the course of a federal investigation
- Was brought to the attention of authorities by an informant with a federal plea bargain
- Was large in scale and/or severity, such as involving a large amount of money, controlled substances, or numerous individuals
- Involved other federal crimes such as conspiracy, money laundering, etc.
Understanding Federal Drug Trafficking in Newark, NJ
Provisional data from 2023 provided by the New Jersey Office of Justice showed Essex County to have had the second highest rate of drug arrests at 4,291, after Camden County, which saw 4,725 drug-related arrests that year.
While the state of New Jersey does not have a separate statute specifically using the term “drug trafficking,” there is an overarching law prohibiting the possession, manufacturing, and distribution of illicit substances, which in effect covers drug trafficking. The state also outlines potential categories of penalties based on the specific number of drugs included in a case, regardless of the defendant’s mental state or alleged intentions when found with the substances.
Naturally, the charges and potential punishment for a federal drug crime are also largely dependent on the type of drugs. For instance, n average, drug crimes involving heroin make up 38 percent of all federal sentencing cases in New Jersey.
Potential Defenses Against Newark Drug Trafficking Charges
It can be difficult and complex for both sides in a federal drug case to create a compelling argument with sufficient evidence. It’s important to work with an experienced and qualified federal attorney as they understand the burden of proof is on the prosecution and can work to question the validity of the prosecutor’s case against you.
This includes questioning whether the drugs or other crucial evidence were discovered and obtained in a lawful manner. If not, asserting that an unlawful search or seizure took place can create a large hole in the prosecutor’s argument due to this being a violation of a defendant’s constitutional rights.
It must also be proven that the arrest wasn’t illegal since there are strict protocols that must be followed. Arresting officers must have probable cause and properly read a suspect’s rights prior to any custodial interrogations. Another defense strategy your attorney may employ is to question the prosecution’s proof of ownership. Simply being near or in the presence of drugs does not mean they were in your personal possession, which must be proven to secure a conviction.
If the drug charges concern a prescription medication for which you had a legitimate medical prescription, this may also be a part of a viable defense. Overall, your lawyer may argue that the prosecution lacks sufficient evidence to charge you with the crime by calling the validity of their argument or proof into question.
FAQs
The federal sentencing for drug trafficking is potentially severe as these cases almost always involve the equivalent of first-degree federal offenses. Typically, punishment may entail prison time and potentially large fines, among other penalties the judge deems appropriate. The specific length of prison time or amount of fines the defendant may face depends on the severity of the charges, including factors such as the amount and type of drugs, whether the person has a prior criminal history, and who was involved or harmed due to the unlawful activity.
It’s never guaranteed you can beat a federal drug trafficking charge, but with the help of strong legal counsel it is possible and may be worth trying. With the assistance and guidance of a federal drug crime attorney, you have a strong chance of securing the most favorable outcome possible, given your unique circumstances. While representing you, your lawyer can ensure that your rights are protected, and if any charges can be beaten or penalties can be minimized, they will work tirelessly to advocate for that.
It’s challenging to know when a drug trafficking charge may be handled at the federal level, so it’s recommended to consult with a qualified defense attorney to understand your circumstances. In general, a drug charge follows under federal jurisdiction if the unlawful activity is covered under the specific federal drug crimes under Title 21 of the United States Code, involves activity in multiple states, wire transfers, utilization of the internet, takes place on federal land, or is especially severe or grand in scale.
If you’re facing federal drug charges in New Jersey, an experienced defense attorney can be an invaluable resource to have by your side. Your strongest chance of beating a drug trafficking charge or receiving the minimal penalties possible is with the help of an experienced federal crime lawyer. With a deep understanding of federal law, your attorney can effectively build a defense case on your behalf.
Strong Drug Trafficking Defense in Newark, New Jersey
When faced with federal drug trafficking charges, consider consulting with the team of professional defense attorneys at Tim Anderson Law. Contact us today to schedule a consultation with one of our federal crime lawyers.
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