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Drug Conspiracy Defense Lawyer in Myrtle Beach
Drug Conspiracy Charges and the Role of Conspiracy Over Time
The most common way drug offenses are prosecuted in federal court is with the federal conspiracy statute. By indicting individuals with conspiracy to commit a drug trafficking offense, prosecutors are arguably able to jump through less hurdles in attempting to obtain a conviction as would be required in a prosecution of a substantive drug offense.
Additionally, with conspiracy and associated issues such as relevant conduct (conduct of co-conspirators that was known to, or reasonably foreseeable to, the defense), the government can increase the amount of drugs and other conduct attributed to the defendant, significantly increasing the penalties for conviction, triggering harsh mandatory minimum sentences, as well as sentencing enhancements.
Because a conspiracy can be alleged to have occurred over a significant period of time, prosecutors can use historical evidence, thus foregoing the need for the actual drug evidence and relying instead on witness testimony that the defendant sold a quantity of drug during a period of time. When a conspiracy is alleged to have occurred over a period of years, the drug amounts attributed to a defendant can be overwhelming.
Section 21 U.S.C. 846 is a federal statute that outlaws conspiracy to commit some other federal crime. Since conspiracy is a crime in and of itself, a conviction for conspiracy does not necessarily eliminate the possibility of convictions for substantive drug crimes occurring during the conspiracy period. The elements of a conspiracy are as follows:
The 3 Elements of Conspiracy:
- an agreement about the objective of the conspiracy;
- specific intent to achieve that objective; and
- an overt act in furtherance of the agreement (an act done by one of the conspirators to carry out the intent)
Backed by 30 years in practice, Mr. Truslow is more than familiar with government tactics in conspiracy cases and will prepare a defense to combat them before they even arise.
Proven Results Fighting Against Prosecution
In federal court, defending against drug crime charges of any nature requires significant knowledge and experience of sentencing guidelines, enhancements, defenses, as well as a thorough understanding of issues such as Armed Career Criminal, Career Offender, and relevant conduct. This is especially true of cases involving conspiracy charges, which are prosecuted harshly in the courtroom.
If you are facing a drug conspiracy charge, waste no time in securing legal representation for your defense. The serious allegations against you must be challenged, and the sooner you align yourself with a proven drug defense attorney in the area, the better chances you’ll stand in court.
Reach out to T. Kirk Truslow, P.A. for drug conspiracy defense in Myrtle Beach. Your first consultation is free, and the attorney offers same-day appointments for those who need it. Call (843) 212-1116 or contact us online to get started.
"Kirk defended me in a recent DUI case in North Myrtle, a second offense from one in North Carolina. He was able to get reduced to a reckless driving offense!"
- Jackson