Dallas Lawyer for Drug Trafficking Defense

dallas attorney for drug trafficking defense

There are many kinds of drug charges that the government may bring in federal court. The most common charges are the distribution of a controlled substance and conspiracy to distribute a controlled substance.

People who are convicted often face harsh sentences in the range of 30 years to life. Unlike defendants facing charges in state court and sentences in state prison, people who are serving time in federal prison must serve 85 percent of their sentence.

If you’ve been charged with drug trafficking or another serious drug offense, you need an experienced federal criminal defense attorney who has successfully handled cases like yours before. At Broden & Mickelsen, LLP, our Dallas drug trafficking lawyers will immediately launch into a full investigation and develop a strategy for how to successfully defend your case.

We will fight tooth and nail for the best possible outcome. If a guilty plea is inevitable, our team will work diligently to secure a favorable plea bargain that does not call for a mandatory minimum sentence.

Contact Broden & Mickelsen, LLP for a free case review with a seasoned drug defense lawyer located in Dallas.

Our Dallas Drug Defense Lawyers Have Extensive Experience Handling Complex Drug Cases

Our Dallas drug trafficking attorneys at Broden & Mickelsen, LLP have successfully represented numerous individuals at trial and through the sentencing process in federal drug trafficking cases. Some notable drug cases include:

A client with three prior federal drug convictions who was facing 22 to 27 years imprisonment for being a career criminal was found NOT GUILTY by a Midland jury of a new drug charge after a three-day trial.
A district judge in the Southern District of Florida, after the filing of a Hyde Amendment motion by Broden & Mickelsen, LLP found that the government’s prosecution of the defendant had been in bad faith and ordered the government to pay all attorney fees and costs incurred by the defendant. This is one of only a handful of Hyde Amendment motions that have ever been granted.
A client who was charged with distributing large amounts of marijuana was found NOT GUILTY by a jury in Dallas after our investigation proved that the client was not in Dallas during the times the government claimed he was distributing marijuana.
A United States district judge for the Southern District of Florida dismissed a federal drug case involving large amounts of cocaine on the second day of trial because of the government’s discovery violations. The client, who had previously been represented by 10 different lawyers, was released after spending over seven years in prison.

What Is Considered Drug Trafficking?

You may be charged with drug trafficking if you knowingly sell, manufacture, distribute, transport, or dispense a controlled substance. You may also face charges if you are found in possession of controlled substances with the intent to manufacture, distribute, or dispense them.

These cases can be extremely complex, with multiple defendants and a significant amount of discovery. After an arrest, you need to speak with a Dallas drug trafficking attorney as soon as possible to begin constructing a strong defense.

Understanding the Federal Drug Sentencing Guidelines

The federal sentencing guidelines are primarily intended to reduce sentencing disparities in federal court. They are a complex system for evaluating the severity of a given crime through a point system. The more severe the crime, the more points, and the final “offense level” determination.

Once the offense level of a given crime is determined, a guideline sentencing range is derived by cross-referencing the offense level with the defendant’s criminal history category. The criminal history category is derived from an analysis of the defendant’s criminal convictions and sentences and how recent they are. Although a federal judge is not required to impose a sentence within the guideline sentencing range, they are required by law to calculate the guideline range and give “consideration” to them when imposing a sentence.

As a practical matter, the vast majority of federal judges impose sentences within the guideline range. If they elect to “depart” or “vary” from the guideline range, they do so by reducing or increasing the offense level or criminal history for some reason not taken into account in the initial offense level or criminal history determination.

“We have our life back! Our son was accused of a crime he did not commit. Through the dedication and hard work of Mr. Mickelsen, our son was found Not Guilty. Mr. Mickelsen will forever be in our hearts with tremendous gratitude. If you are accused of something, you will be best represented and served by Broden & Mickelsen, LLP.”
Brad Holt

”Being accused of a crime that I didn’t chit was one of the worst things to ever happen to me. Once accused of something you literally have to prove yourself innocent. Without a good lawyer like Mr. Mickelsen I would probably be on some type of probation. Mr. Mickelsen got my charges dismissed. I feel so vindicated. I can’t describe how happy I am with the outcome. Thank you so very much!!!”
T.S.

“My family were referred to Mick Mickelsen by another attorney. From day one we met Mick, we felt he knew what he is doing!! Most of all I appreciate his honesty, diligence, professionalism and his extent knowledge of the law! He is a great attorney with great tactics. What I also appreciated was that he always responded with timely manner, even when I texted him after hours! We won the case and We are grateful to him. Every penny spent on Mick was worth it! Highly recommend Mr. Mickelsen!!!!”
Former Client

“Mick represented my brother recently (2015-early 2016). I can’t thank him enough how he handled my brother’s case. Mick was very knowledgeable, experienced, professional, and responsive. Whenever I called or texted him for questions or concerns regarding my brother, he was very prompt to get back to me. If you need a criminal lawyer, he is THE ONE! Don’t waste your time & money on those lawyers who are only interested in your money without professionalism. My family and I have been grateful to him for his HELP!”
J

“I would highly recommend this law office and Mick Mickelsen. He was very professional and knew his business and the law. He represented me in an ICE investigation that even with his doubts stuck by me and we essentially WON this case. Overall hour charge was WORTH every penny for his professionalism and quick contact. If in need, call MICK first.”
Former Client

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What to Expect If You’ve Been Arrested on a Federal Drug Charge

Most people learn they are the target of a federal drug case when they are arrested and brought to federal court. Although you may be blindsided by the arrest, you need to be prepared for what will likely be a long battle.

1.Detention Hearing

In federal drug cases, the government usually will move to detain the defendant pending trial. Federal law generally presumes the burden is on the defendant to show there is no risk to the community or risk that the defendant will flee the jurisdiction. Your Dallas drug defense lawyer would make this argument at a federal detention hearing.

Typically, on the day of arrest, the government will request that the detention hearing be delayed two or three days.

2.Discovery

After the case is indicted and you have made your initial appearance in court, the prosecutor will begin the process of providing your defense team with “discovery.” Discovery primarily consists of all the physical and electronic evidence the prosecution has gathered in the course of its investigation. It often contains paper documents, photographs, emails, bank records, video and audio recordings, etc.

Oftentimes, discovery does not contain sworn statements of witnesses nor memoranda of interviews of witnesses. Federal investigators rarely collect sworn statements from witnesses but merely record what the witness told them in a memorandum of interview. The defense is not generally entitled to these memoranda prior to trial, but many prosecutors choose to make them available to the defense.

3.Plea Bargain

Most federal drug cases result in a plea bargain. This is because in most cases, there is strong evidence against the defendant, such as the defendant being the subject of a “sting” operation resulting in video or audio evidence, or the defendant being caught in the presence of large amounts of drugs. Moreover, there are usually several people who are willing to testify against the defendant in exchange for leniency in their own cases.

With this being said, the Dallas drug trafficking defense lawyers at Broden & Mickelsen, LLP, have successfully represented numerous defendants in federal drug cases at trial. We can help you understand the best option in your case.

4.Trial

If you do not enter a guilty plea (either with or without a plea agreement), eventually your case will go to trial. In federal court, it is common for multiple defendants to be charged in the same indictment. The amount of evidence that must be examined and gathered by all the parties can cause substantial delays before the trial can actually commence. Delays of a year or more from indictment to trial are common.

Because federal drug trials often involve multiple defendants, numerous witnesses, and lots of exhibits, they usually take at least a week to try. In unusual cases, they may last several months.

If the jury finds you not guilty on every charge, the case is immediately over. On the other hand, if there is a guilty verdict on any charge, the jury is excused, and sentencing will be set for several months later.

5.Pre-Sentence Report

If you are found guilty or enter a guilty plea, within a few weeks, you and your attorney will meet with a federal probation officer. This officer is assigned the task of writing a comprehensive presentence report. This report will describe the offense conduct, calculate the guidelines, and provide the court with your personal history, a description of your mental and physical status, and your financial status.

A draft report will be provided to your defense team a month or two later, and your attorneys may formally object to the guideline calculation or factual inaccuracies in the report. These objections, if not accepted by the probation officer, will be resolved by the court at the sentencing hearing.

6.Sentencing Hearing

At the sentencing hearing, both sides can call witnesses relevant to the guideline calculations and usually at least three character witnesses. Your defense team may also submit any number of character letters to the court in advance of the hearing. Finally, you and your lawyer will have the right to address the court before a sentence is imposed.

In federal drug cases, there is usually no possibility of probation. The average sentence in a federal drug case is 10 years’ imprisonment.

Given these high stakes, hiring a highly experienced federal drug crimes lawyer is of paramount importance.

Drug Trial FAQs

How are federal drug trials different from state drug trials?

First, multi-defendant trials in Texas state courts are almost non-existent. However, most federal drug cases involve more than one defendant and a conspiracy charge. The court will instruct the jury that it must consider the guilt of each defendant separately. Thus, in many federal drug trials, there are complex dynamics in play. One defendant may attempt to shift blame to another defendant. Another defendant may employ a strategy of being relatively “invisible,” letting the focus of the trial fall on a co-defendant.

Another way in which federal trials are different from state court trials is that most federal judges only permit the lawyers to have minimal interaction with the prospective jurors during the jury selection process. Because the lawyers are not permitted to ask probing questions and interact with the jury pool as they are in Texas courts, most state court lawyers feel disempowered during the federal jury selection process and consider the federal process somewhat of a “crapshoot.”

Given these complexities, it is important to hire a Dallas drug crime lawyer with extensive experience trying cases in both state and federal court.

How long will it take for a case to go to trial?

Federal drug cases do not move quickly, and there are often delays. It typically takes a year or more from the time a person is indicted for the case to get to trial.

How long will the trial itself take?

With numerous defendants, witnesses, and evidence to present, federal drug trials can take some time. Federal trials usually last at least one week. In rare cases, they may last several months.

How can a plea agreement affect sentencing?

The federal sentencing guidelines reward defendants who plead guilty for “accepting responsibility” and reducing their offense level. Pursuant to plea agreements, federal prosecutors can stipulate to the offense level or factors used in determining the offense level. Federal prosecutors are also permitted to award defendants with substantial reductions in their sentences when they “cooperate” and incriminate other people.

There are many ways in which a federal prosecutor with a plea agreement can attempt to provide a defendant with incentives to plead guilty. However, they rarely enter into a plea agreement that stipulates what the defendant’s sentence is going to be. Federal court plea agreements that stipulate a specific sentence are often looked upon by judges with some degree of disfavor. In any event, federal judges always retain the authority to reject plea agreements.

In federal drug cases, the offense level is primarily determined by drug amounts. As defendants in a federal drug case decide to cooperate, it is common for these drug amounts to rise based on the information that cooperating co-defendants provide about past drug deals. The defendants are incentivized to cooperate early because they generally are provided an agreement that states that any information they give will not be used in determining their drug amounts for sentencing purposes. In addition, federal prosecutors usually will seek more leniency for those codefendants who cooperate early.

Schedules of Drugs

Texas drug laws and federal law divide controlled substances into five categories. Drugs are categorized based on their currently accepted medical use in the United States, their potential for abuse, and their likelihood of causing dependence if abused.

Schedule I Controlled Substances

These are considered the most dangerous substances, resulting in the most severe charges and penalties. Drugs in this category have no currently accepted medical use in the U.S. and a high potential for abuse. Examples include:

Heroin
Lysergic acid diethylamide (LSD)
Marijuana
Peyote
Methaqualone
3,4-methylenedioxymethamphetamine (Ecstasy)
Crack cocaine

Schedule II/IIN Controlled Substances

Drugs in this category have a high potential for abuse and may result in severe psychological or physical dependence. Examples include:

Hydromorphone (Dilaudid)
Methadone (Dolophine)
Meperidine (Demerol)
Oxycodone (OxyContin, Percocet)
Fentanyl (Sublimaze, Duragesic)
Morphine
Cocaine

Opium
Codeine
Hydrocodone
Amphetamine (Dexedrine, Adderall)
Methamphetamine (Desoxyn)
Methylphenidate (Ritalin)

Schedule III/IIIN Controlled Substances

Drugs in this category have a lower potential for abuse. Abuse may lead to moderate or low physical dependence or high psychological dependence. Examples include:

Certain products containing codeine (Tylenol with Codeine)
Buprenorphine (Suboxone)
Benzphetamine (Didrex)
Phendimetrazine
Ketamine
Anabolic steroids such as Depo-Testosterone

Schedule IV Controlled Substances

Drugs in this category have a lower potential for abuse. Examples include:

Alprazolam (Xanax)
Carisoprodol (Soma)
Clonazepam (Klonopin)
Clorazepate (Tranxene)
Diazepam (Valium)

Lorazepam (Ativan)
Midazolam (Versed)
Temazepam (Restoril)
Triazolam (Halcion)

Schedule V Controlled Substance

Drugs in this category are primarily medications that contain limited quantities of certain narcotics. Examples include:

Cough medicines with codeine (Robitussin AC, Phenergan with Codeine)
Ezogabine

Begin Building Your Defense
Now with a Seasoned Drug
Trafficking Lawyer

No matter what type of drug charges you are facing, you need a highly qualified Dallas drug defense lawyer who can handle your case from indictment through trial and possibly appeal. At Broden & Mickelsen, LLP, our drug crimes attorneys are board-certified specialists in both criminal law and criminal appellate law by the Texas Board of Legal Specialization. We have more than 60 years’ combined experience representing people who are facing drug charges at the state and federal level.

Contact us today for a free and confidential consultation. We will review your case, outline potential defenses, and prepare you for what to expect.

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