Drug conspiracy takes place when two or more people have an agreement to distribute or sell narcotics, and they have the intent to commit that crime. Conspiracy is a separate standalone crime, so it is possible to be charged with conspiracy but not the act of distributing drugs.
If you face drug conspiracy charges, you should contact an Oakland drug conspiracy lawyer today. If convicted, you could face heavy fines or years in jail. However, an experienced drug attorney could work toward a favorable resolution on your behalf.
Drug conspiracy charges are an additional felony that somebody can be charged with and therefore punished separately for. If they are convicted of both conspiracy and distribution, they can be punished severely for both, so it increases jail or prison time. In some cases, the evidence against them in the conspiracy charge may be stronger than the evidence against them in the distribution charge. They need to be taken seriously by both the person facing the charges and the attorney representing that person.
The penalties for conspiracy to traffic drugs or distribute drugs are the same penalties for the crimes themselves of distributing or intent to distribute drugs. The prison time is identical and so that makes a difference if the person is only convicted of the conspiracy as opposed to being convicted of both the conspiracy and the actual act of distribution. That person is going to be punished harsher by virtue of having both convictions.
Drug conspiracy investigations often rely on the testimony of someone who may have been a party to that conspiracy. They become an informant or volunteer information against someone else in order to secure a better deal. The use of confidential informants tends to be key for law enforcement in proving a conspiracy. If there are no confidential informants, there can be text messages, recorded phone calls, or social media postings that show not only the existence of the conspiracy but the intent of people involved in the conspiracy.
Law enforcement uses wiretaps on relevant phone numbers. They use cell phone towers to hear people talking to one another, detect text messages, and may put GPS trackers on suspects’ cars. Examples of acceptable evidence in Oakland drug conspiracy cases include emails, text messages, GPS tracking of vehicles, phone conversations, wiretaps, recorded conversations, and live testimony.
In terms of evidence of intent in drug conspiracy cases, these can include things like messages, text messages, social media postings, and correspondence between members of a conspiracy. Law enforcement will also use the testimony of expert witnesses in court. These are law enforcement officers who have extensive knowledge and experience in narcotics investigations and conspiracy to distribute narcotics investigations.
Their testimony and the testimony of confidential informants is frequently accepted by the courts in those prosecutions. There are instances in which law enforcement will turn over the informant’s name and that person’s testimony will be yet another form of evidence used in the court proceedings against somebody charged in a drug conspiracy case.
Drug conspiracy cases often involve multiple defendants. For example, if someone drives a car while the passenger conducts a drug sale out of the passenger window, then the driver and passenger could both be charged with the crime.
When a case has multiple defendants, each defendant must have a separate lawyer who can promote their defense. Although it is possible for the same attorney to represent numerous individuals in the same case with a written conflict of interest waiver, it is not a common practice in drug cases.
Cases with multiple defendants tend to take more organization and time than single defendant cases. Resolutions can be held up if one defendant wants to resolve, and the other does not. Also, timing can be affected if one defendant does not wish to waive time, but other involved defendants do want to waive time, and parties will more often point the finger at each other.
When choosing an Oakland drug conspiracy lawyer, a person should look for an attorney who has not only extensive experience handling felony cases but specifically has extensive experience in handling drug conspiracy cases in the area. They should find someone who has experience both with trials and preliminary hearings because drug conspiracy cases have a preliminary hearing and oftentimes, the case can be disposed of at or immediately after the completion of the preliminary hearing.
Before calling a criminal defense attorney to discuss your drug conspiracy charges, it is helpful for the person to know what specific charges they were arrested for, how the arrest itself occurred, the names of the co-conspirators who are arrested and charged, and their next court date. Most importantly, it is important for you to be prepared to discuss what you are hoping to accomplish with the attorney you hire.
A skilled Oakland drug conspiracy lawyer could be your best chance to avoid a conviction in your conspiracy case. Local attorneys know the people and procedures involved in your case, and they could fight on your behalf in and out of court. Call The Nieves Law Firm today to schedule a consultation and begin building a defense against drug charges.
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