Defending Federal Drug Trafficking Charges In Georgia
If you’re facing federal drug trafficking charges in Georgia, you’re likely feeling overwhelmed—and with good reason. These are serious charges with serious penalties. I’ve worked with many individuals just like you who suddenly find themselves accused of a crime they never imagined they’d face. If you’ve been charged, or even if you believe you’re under investigation, you need to act fast. Understanding the laws, the process, and the defenses available to you is critical.
Federal drug trafficking charges are prosecuted under strict guidelines, often carrying mandatory minimum sentences. These cases can involve the DEA, FBI, or other federal agencies, and they often stem from investigations that span across multiple states. But just because you’ve been charged doesn’t mean you’re guilty—and it doesn’t mean you don’t have a defense. My job is to help you fight back.
Understanding The Federal Drug Trafficking Charge
At the federal level, drug trafficking is governed by the Controlled Substances Act, specifically 21 U.S.C. § 841. This law makes it illegal to manufacture, distribute, or possess with intent to distribute controlled substances. What makes a case “trafficking” instead of “simple possession” is usually the amount of drugs involved. Federal prosecutors don’t have to prove you sold drugs. They only need to show that the quantity found suggests distribution.
Charges can involve drugs like cocaine, methamphetamine, heroin, fentanyl, and even large quantities of marijuana. Federal drug trafficking sentences depend on several factors:
- Whether a firearm was involved
- Type and quantity of the drug
- Your prior criminal history
- Whether you crossed state lines or national borders
Federal penalties often start at five years and can go up to life in prison depending on the facts. Even a first offense can carry mandatory minimums—meaning the judge has no discretion to give a lighter sentence.
How Georgia DUI Laws May Overlap With Drug Trafficking Cases
In some cases, drug trafficking charges are tied to a DUI arrest. If you’re pulled over and law enforcement claims to smell marijuana or sees drug paraphernalia, they may request a search. If drugs are found in the vehicle—especially in large amounts—you could face both Georgia DUI charges under O.C.G.A. § 40-6-391 and federal drug trafficking charges.
If the arresting officer claims you were driving under the influence of drugs, even without a positive blood test, they can charge you with DUI drugs. That DUI could then lead to a larger investigation if federal agents get involved. This is why it’s critical to have a defense attorney who understands both DUI and federal drug law.
Common Defenses We Use In Federal Drug Cases
No two cases are exactly the same, but here are a few defense strategies
I often consider:
Illegal Search And Seizure
If the search of your home, car, or phone was done without a proper warrant or probable cause, we may be able to challenge the evidence. Under the Fourth Amendment, illegally obtained evidence can often be suppressed.
Lack Of Knowledge Or Intent
Just because drugs were found near you doesn’t mean you knew they were there. The government must prove that you knew about the drugs and had control over them with the intent to distribute. This is often a weak point in the prosecution’s case.
Violation Of Your Rights During Interrogation
If law enforcement questioned you without reading your Miranda rights or coerced you into making a statement, we may be able to exclude those statements in court.
Entrapment
If undercover agents persuaded you to commit a crime you would not have otherwise committed; entrapment could be a valid defense. This defense is complex, but in certain situations, it may apply.
Challenging The Drug Quantity Or Type
Federal drug penalties are tied to the weight and type of drug. If lab tests show the drug is not what prosecutors claimed, or if the weight is incorrect, it could result in a lesser charge or lighter sentence.
Why Acting Fast Matters
Federal prosecutors move quickly. You might be approached by law enforcement agents offering a plea deal, or you may be indicted without warning. The sooner you get legal representation, the sooner we can review your case, protect your rights, and start building your defense. These cases are not handled in state court—they go through the federal court system, which has different rules, different sentencing guidelines, and a different pace.
FAQs About Federal Drug Trafficking Charges In Georgia
What Is The Difference Between Drug Possession And Drug Trafficking?
Possession means you had a drug for personal use. Trafficking usually means you had more than a certain amount, suggesting an intent to sell. At the federal level, the quantity of the drug is a key factor in deciding if you’ll be charged with trafficking. You don’t have to be caught selling drugs to face trafficking charges—just having a large quantity is enough.
Can I Be Charged Federally Even If I Was Arrested In Georgia?
Yes. Federal charges apply when the drug activity involves crossing state lines, using federal resources like mail services, or if the drug amount meets a federal threshold. You may be arrested by local police but end up facing federal prosecution. Once that happens, your case is no longer in a Georgia state court—it’s in federal court.
What Are Mandatory Minimum Sentences For Federal Drug Trafficking?
Mandatory minimums depend on the drug and the amount. For example, five grams of methamphetamine can trigger a five-year mandatory minimum. Higher amounts carry ten years or more, and if a firearm is involved, the penalties increase significantly. Judges cannot go below these minimums unless certain exceptions apply.
How Does A DUI Relate To A Federal Drug Charge?
If you are pulled over and the police claim you were driving under the influence of drugs, that stop may lead to a search. If they find large amounts of drugs in the car, what started as a DUI case could quickly become a federal trafficking case. This happens more often than you might think.
What Should I Do If Federal Agents Contact Me?
Do not answer questions without a lawyer present. Anything you say can be used against you. Politely decline to speak and call an attorney immediately. It’s your right to remain silent, and exercising that right is one of the most important decisions you can make.
Can I Beat A Federal Drug Trafficking Charge?
Yes, but it takes preparation and a strong legal strategy. Federal cases are complex, but we’ve had success challenging illegal searches, questioning drug weight calculations, and showing that our client lacked knowledge or control over the drugs. Every case is different, and we take the time to investigate fully.
Do Federal Charges Mean I’ll Go To Prison?
Not necessarily. While the penalties are severe, there are ways to reduce your sentence or even avoid prison, depending on the facts of your case. Sometimes we can negotiate for reduced charges or argue for alternative sentencing. That’s why it’s so important to speak with an attorney early.
How Long Do Federal Drug Cases Take?
These cases move faster than most state cases. After the indictment, things can progress quickly toward trial or a plea agreement. That’s why it’s critical to hire legal counsel immediately so we can begin building your defense and protecting your rights at every stage.
Call The Mazloom Law Firm, LLC Today If You’re Facing Federal Drug Charges
Federal drug trafficking charges can turn your life upside down—but you don’t have to face them alone. At The Mazloom Law Firm, LLC, we defend people just like you with smart, aggressive legal strategies designed to protect your freedom.
To receive a free consultation, call our Marietta drug possession lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837. We serve clients throughout Georgia from offices in Marietta, Atlanta, and the surrounding counties.
