Transcription Return back to Drug Crimes
Most federal drug charges are federal conspiracy drug charges. Sometimes, it seems that the federal government has all but done away from federal drug possession charges or federal drug trafficking charges. The reason for that is because it is much easier for the U.S. government to convict somebody of conspiracy to traffic or possess drugs than to actually convict someone of trafficking or possession of drugs in NYC. The reason why is because, to convict somebody of possession, the person must have actual possession or must have an agent that has the actual possession on his or her own behalf. The trafficking of the drugs works in a similar manner.
With the conspiracy to commit a federal drug offense, it’s not required that the person actually take possession of the drugs or that the person have control of the drugs from afar, it’s sufficient for two people to engage in a conversation about drugs, illegal drugs, heroin, cocaine, whatever the case may be, and, then, for the defendant, or the would-be defendant, to make what’s basically known as taking a stack or making some sort of action in the direction of attempting to either possess or to sell the drugs. This is obviously a much lesser threshold than it is to actually possess drugs or to actually trafficking them.
Now, when one couples that with the fact that the punishment for conspiracy to possess drugs or conspiracy to trafficking drugs is the same punishment as actually trafficking or possessing drugs. There is no reason for the federal government not to charge people with the conspiracy rather than with the actual possession or trafficking of the drugs.
If you are looking for a New York drug crime attorney, Paul D. Petrus Jr. can help you with his extensive experience in a variety of criminal areas. Mr. Petrus works in federal and state courts.