Facing drug charges is a very serious offense and an individual that is facing possible conviction is very dangerously close to losing his freedom for many years if not for the rest of his life. If you or someone you know has been charged with a Conspiracy to Possess Controlled Substances with Intent to Distribute you need to learn a few facts right away. It is essential that you fully understand what is involved in the charges and how it’s going to affect the remainder of your life.
What Is a Conspiracy to Possess Controlled Substances With Intent To Distribute Charge?
When a person has been charged with conspiracy to possess with intent to distribute it is not just one offense he is fighting against but several different violations are involved. As one of the most frequently charged drug offenses, conspiracy to possess with the intent to distribute involves taking an active role in planning with others to possess or distribute an illegal controlled substance. According to Sumpter & Gonzalez LLP,
“Conspiracy involves actively planning with others to possess or distribute a controlled substance, regardless of actual possession or delivery. This is typically the most serious type of drug accusation and usually involves multiple defendants and large quantities of drugs and can be extremely serious and complicated.”
As you navigate through the basic court system it will become very clear that a person facing such a charge is already at a very high risk of losing his freedom if he has not already done so.
Examples of Conspiracy to Possess With Intent to Distribute Charges
- September 13, 2013 – Orlando Ricardo Gordon, of Franklin, Michigan, was sentenced to 190 months in prison for conspiring to distribute controlled substances and structuring a financial transaction. Gordon conspired with others to possess with the intent to distribute marijuana, cocaine, and cocaine base.
- August 29, 2013 – Will Johnson, of League City, Texas, was sentenced to 120 months in prison, five years of supervised release and ordered to forfeit $203,000 in cash. He was convicted of conspiracy to distribute kilograms of cocaine and conspiracy to commit money laundering.
- August 12, 2013 – Jose Flores Garcia and Jorge Luis Flores Contreras were sentenced for conspiracy to distribute illegal drugs and money laundering. Flores Garcia was sentenced to 210 months in prison and five years of supervised release and Flores Contreras was sentenced to 108 months in prison and five years supervised released. Both intentionally conspired with others to possess with intent to distribute a controlled narcotic substance.
- July 22, 2013 – Businesswoman Cynthia Marquez was sentenced to 120 months in prison and five years of supervised released for conspiracy to distribute and possess with intent to distribute five kilograms of cocaine and money laundering.
- June 3, 2013 – Dennis Smith was sentenced to 84 months in prison and five years supervised release for conspiring to distribute marijuana and money laundering. Smith and several other individuals were found to be a part of a known drug trafficking group, which imported and distributed marijuana.
- May 10, 2013 – Mario Gutierrez was sentenced to 186 months in prison and three years of supervised release for drug conspiracy and money laundering. The court found that Gutierrez had sent methamphetamine from Denver, Colorado to a co-conspirator in Fairbanks.
- April 29, 2013 – Kevin Huff, of Portsmouth, Ohio, was sentenced to 262 months in prison and ordered to forfeit six properties in Ohio, three vehicles, three ATVs, a boat, $20,000 in currency, and the contents of two bank accounts totaling approximately $118,000, for conspiring to distribute oxycodone and money laundering.
- April 27, 2013 – Basil Proctor was sentenced to 60 months in prison for conspiracy to distribute oxycodone and conspiracy to launder monetary instruments. He transported oxycodone from Florida to Massachusetts and New Hampshire for distribution.
- April 9, 2013 – Edmund Paolucci, was sentenced to 33 months in prison and three years of supervised release for conspiracy to distribute steroids, possession with the intent to distribute steroids, distribution of a misbranded drug and money laundering.
- March 8, 2013 – Four co-conspirators were sentenced for their roles in a large-scale methamphetamine trafficking organization. They all formulated a plan to possess and distribute methamphetamine in the Idaho Falls area.
What’s Common in Conspiracy to Possess Cases?
While possession of a controlled substance is difficult enough to battle anytime, the collaboration between two or more people in planning or executing the crime causes the addition of a conspiracy charge. The interesting thing about a conspiracy charge is that there does not have to be a crime committed. Prosecution only has to show that there was intent to commit a crime for the charges to stick. According to Hanlon, Dunn & Robertson, New Jersey Lawyers,
“The government tacks on a conspiracy charge when more than one person is involved in a crime or moves toward committing a federal crime. Under US Code 18:371, conspiracy applies even when a crime never takes place.”
For anyone facing any of these types of drug charges it is necessary for him to obtain experienced representation in order to protect your rights. There are many variations of cases involving controlled substances that make it difficult to find a common thread that one can rely on as a defense. An experienced lawyer is very familiar with how to handle such cases and by examining other factors involving the case can identify weaknesses in the case against him and perhaps have the charges reduced or even dismissed.
A Federal Charge
Unlike other drug charges, a conspiracy is merely about entering into an agreement to break the law. There are several factors that a prosecutor must prove in order to obtain a conviction. As the Pate Law Firm explains,
“The government must prove two basic elements. First, the government must prove that there was an agreement between two or more people to violate a federal drug law. Second, it must be shown that each alleged conspirator knew of the agreement and joined it.”
With all of the details involved in such a complaint it is important for the accused to have the right legal representation in order to make sure that he has the best chance of getting the charges reduced or dismissed.