A conviction for Federal drug trafficking is serious, but the penalties are even harsher for those with a criminal history.
First, What is Drug Trafficking?
Selling, providing, delivering, or otherwise distributing controlled substances is often known as drug trafficking. Simply possessing drugs does not mean you will be charged with trafficking, however the amount of drugs you have, as well as any drug selling paraphernalia like measuring equipment, bags, or a large amount of cash could increase the charge to trafficking.
Federal drug trafficking charges apply when drugs cross state or international borders, drugs are possessed on federal property, a large quantity of drugs is discovered, or interstate communication is used to move drugs.
Prior Convictions Matter in New Jersey
Before discussing the specific penalties and consequences of Federal drug trafficking charges for someone with a prior criminal history, it is important to understand why prior convictions influence sentencing so much. The most important, and obvious, reason that prior convictions influence harsher sentencing decisions is that prior convictions demonstrate a pattern of illegal behavior. If a pattern of unlawful behavior is established by the defendant, then harsher penalties are applied in order to stop it.
Federal sentencing guidelines also state that prior convictions are a top consideration when determining a drug trafficking sentence. Because of this, judges do not have much flexibility in sentencing when the defendant has a history of drug-related offenses. If prior convictions are for less severe offenses, they may not be considered when determining a drug trafficking sentence.
If you are facing Federal drug trafficking charges, and you also have prior drug-related convictions, you need to seek the assistance of an experienced attorney. Navigating the drug laws in New Jersey is complex. Having a skilled attorney on your side may decrease the severity of your sentence.
Prior Convictions = Harsher Sentencing
Federal drug trafficking charges in New Jersey are significantly impacted by prior convictions, especially prior felony drug convictions. Harsher penalties and minimum mandatory prison sentences are the norm when prior convictions are present.
How prior convictions impact Federal drug trafficking sentences:
- Increased Mandatory Minimums: Having a prior drug conviction can double the mandatory minimum sentence. For example, a mandatory minimum 5 year sentence automatically becomes a 10 year minimum sentence if a prior drug conviction is present.
Having two prior drug convictions may lead to a mandatory life sentence without the possibility of parole.
- Enhanced Sentencing Guidelines: Federal laws impose greater penalties for repeat offenders. Prior convictions raise the criminal category, which is a factor when determining a sentence. A higher criminal category generally means a longer sentence.
Prior convictions are also known as an aggravating factor. This means that a judge is more likely to impose a sentence on the higher end of the sentencing guideline range.
In addition to harsher penalties, prior convictions can take away the possibility of parole as well as the terms of release. Someone with prior convictions may be denied parole, or if they are eventually granted parole, the length of the parole sentence may be increased.
The possibility of being part of a rehabilitation program or securing an alternative sentence is diminished with a prior conviction as well. Also, the amount in fines you have to pay will be increased if you have prior convictions in your history.
Prior convictions seriously impact Federal drug trafficking sentences. They take away any opportunity for leniency and almost guarantee more severe penalties.
A Criminal Defense Attorney is a Must
If you are facing Federal drug trafficking charges, you need the help of an established criminal defense attorney. If you have prior drug convictions, you’ll need this assistance even more! An experienced criminal defense attorney will work to protect your rights, challenge the sentence handed to you, and lessen the impact this type of conviction has on your life.
Other advantages that a criminal defense attorney brings to your defense include:
- Challenging Prior Convictions: A skilled attorney will look into your prior convictions to see if there are any faults, then argue that these convictions should not be considered during sentencing if there are.
- Ensuring Procedures are Followed: A prosecutor must follow strict guidelines if they intend to use prior convictions against you in court. A smart attorney will question if this was done correctly and argue for the convictions not to be used if it was not.
- Brokering Plea Deals: An experienced criminal defense attorney will work with the prosecution to reduce or eliminate the impact of prior convictions on your case.
- Supporting Figure: You’ll need emotional support when facing Federal drug trafficking charges, and an adept criminal defense attorney can provide this. They know what to expect and how to handle the situation.
The legal team at the Law Offices of Robert J. DeGroot has the experience and skills to assist you in facing Federal drug trafficking charges. Let us help you through the process and possibly lessen the impact this type of conviction will have on your life.
Facing Federal drug trafficking charges? Reach out to the Law Offices of Robert J. DeGroot today!
