The Fair Sentencing Act was passed by Congress in 2010 and was expanded in 2018 to include compassionate release.

The original law increased the quantity of crack cocaine needed to trigger mandatory minimum prison terms.

Under the Fair Sentencing Act, people caught with five grams of crack cocaine must be sentenced to at least five years in prison but anything less than that does not automatically mean mandatory minimum prison time.

Before the Fair Sentencing Act, the mandatory minimum time in jail was 10 years.

Additionally, the Fair Sentencing Act eliminated the mandatory minimum sentence for first-time offenders found guilty of possession of less than half an ounce of crack cocaine.

Penalties vary for younger people. Federal law treats those aged 18 to 23 as juveniles. The federal law also means juveniles cannot receive life imprisonment or a death sentence.

The Act also:

• Established mandatory minimum penalties for drug offenders who have prior convictions
• Limited drug quantities that carry a five-year mandatory minimum penalty
• Limited circumstances where a court can impose a substantial assistance motion

What are the Benefits of the Fair Sentencing Act?

There are many benefits to the Fair Sentencing Act.

Obviously, the first benefit is that it offers leniency to first-time offenders and young offenders.

Additionally, it means people found with an amount of crack cocaine that’s likely only for personal use (it’s not enough to sell) won’t face the same penalties as those who intend to sell the drug.

Another benefit is that it reduces prison overcrowding.

Crack cocaine offenses are punished more harshly than powder cocaine crimes. The Act helps to reduce overcrowding in prisons by reducing the number of incarcerated individuals who are serving sentences for crack offenses.

Different forms of the same drug no longer result in harsher punishments.

The Fair Sentencing Act reduced the amount of crack necessary to receive a minimum penalty. This is good news for those who would previously have faced steep penalties, fines, and long prison sentences due to mandatory minimums.

Finally, since the majority of people arrested for crack offenses are African American, mandatory minimums resulted in vast racial disparities in the average length of sentences for comparable offenses. This means, in many cases, African Americans served as much time in prison for non-violent drug offenses as whites did for violent offenses.

The Fair Sentencing Act alleviates some of these disparities.

What are the Drawbacks?

As beneficial as the Act is, there are drawbacks.

For instance, the act only reduces the disparity between punishments for crack and powder cocaine crimes. It does nothing to reduce the penalties applied to crimes involving other drugs. Some want to broaden the benefits.

Some also believe that the Fair Sentencing Act increases the recidivism rate. Because so many people released from prison do not receive the support and resources needed to avoid committing further crimes, shortening someone’s sentence could lead to increased crime.

What benefits one person could create challenges for others and increase problems in the community.

If you or a loved one is seeking compassionate release from federal prison, we can help. We’ll schedule a consultation to discuss options and eligibility. If you are in need of an attorney for assistance with a new or ongoing compassionate release request, or any other criminal defense, post-conviction, or appeals issues, contact David Lindsey.

Selling Fake Drugs

Selling illegal drugs or selling legal drugs without the proper authority to do so is illegal. But what if you sell something that is not really a drug or that is not the drug you claimed it to be?

Can selling fake drugs get you into legal trouble?

Yes. It’s a plain and simple answer. Selling fake drugs is illegal. If you make the mistake of selling something you claim is a drug to an undercover officer or it is determined in any other way that you sold fake drugs, you can get into legal trouble. The fact that you were not selling an illegal substance won’t be enough to get you out of trouble.

You Can Be Charged with Fraud for Selling Fake Drugs

Just because you aren’t selling an illegal drug doesn’t mean you aren’t guilty of a crime. Selling fake drugs is fraud. Taking money based on false pretenses is fraud and is a crime. A successful fraud conviction requires prosecutors to show you intentionally and materially made false statements that were material to a transaction. You wouldn’t have received money for the item unless you lied about what it was.

Of course, if you sell fake illegal drugs to a random person or someone tries to buy a legal pharmaceutical from you for illegal use, they’re unlikely to report you. After all, they intended to commit a crime.

But if you sell fake drugs to an undercover law enforcement officer or informant could result in an arrest based on suspicion of fraud. In some cases, the act of trying to sell an illegal substance is also a crime. You could be looking at multiple criminal charges. The mere act of claiming you are selling something illegal, even if you are not, is a crime.

What about Legal Drugs?

The sale of legal prescription drugs is illegal when the person buying the drug does not have a prescription. The seller is also responsible if the buyer has no prescription. And if you claim a product is a legal prescription drug and it is not, you are committing a federal crime. The federal government regulates prescription drugs. Federal law prohibits the sale of counterfeit drugs, but the sale must involve interstate commerce. However, there are also state laws against the sale of counterfeit drugs, so you could still have a problem on your hands even if you did not travel out of state for the sale.

Furthermore, if you’ve conducted transactions online involving counterfeit drugs, you could face multiple serious charges for fraud and other crimes. All online drug sales are interstate commerce. This makes it a federal crime to sell counterfeit drugs.

For a more in-depth look at laws related to drugs and internet commerce, check out this information on the regulation of online pharmacies from Columbia University.

To learn more about drug sales in general, check out this information on pharmaceutical laws from HG Legal Resources.

What are My Defense Options If I’m Charged with Selling Fake Drugs?

You might have several options for defending against a fake drug sales charge. You and your attorney should discuss these options and determine how to proceed based on your situation.

Some of your options might include:

• If you had no intention of misleading anyone so there is no fraud. This doesn’t mean you’ll avoid penalties altogether, but the outcome might not be as severe because the prosecution will not be able to prove fraud. Fraud requires intent.
• If you did not know the substance in your possession wasn’t a drug, you can claim a lack of knowledge. This would be the case if someone sold you a product claiming it was a particular drug and you sold it based on this information and did not know you were a victim of fraud. Again, you could still face a penalty, but the fraud charges could be dropped under these circumstances.

Contact a Drugs Crimes Attorney

If you have been accused of selling fake drugs or you are facing drug charges of any kind, you need an attorney. Selling drugs, real or counterfeit, is a serious offense and you could face serious penalties including fines and prison time. You need a drug crimes legal expert to help you build your defense.

For more information or to speak to someone about your situation, contact David Lindsey.

Adults over 50 can be arrested for illegal drugs too

Society often associates the use of illicit drugs with teens and young adults, but the truth is the practice is on the rise among older adults.

According to information from the Substance Abuse and Mental Health Services Administration’s national survey, drug use among teens has dropped almost 10 percent, but has more than doubled since 2002 among those aged 50 to 54, and more than tripled among those aged 55 to 59.

Despite the ongoing efforts to educate the public about drug use, people still turn to drugs for a variety of reasons. But what happens when your use or a loved one’s use of an illegal drug results in legal action?

Are drug charges any less serious when you’re an older adult?

The answer is “no.”

Regardless of your age, it’s important to speak to an experienced criminal attorney if you’ve been charged with a drug crime. Assuming the court system will go easy on you because you’re older or thinking you can provide a judge with a “reasonable excuse” for using illegal drugs puts your future and freedom at risk.

Why is it so important to work with an attorney?

Consider the Drug Charges against You and Potential Criminal Defenses

Drug charges vary a great deal based on the amount of the drug in your possession when arrested and what type of drug it is. There are even instances in which you can be charged if you are in possession of a legal drug if the amount you have is significant enough.

If a law enforcement officer finds you in possession of a drug, depending on the type and the amount, you could be charged with:

• Possession
• Usage
• Distribution
• Trafficking
• Manufacturing
• Paraphernalia

For more information about drug charges and how they vary based on a number of different factors, check out this information from Nolo.com.

Defending Yourself against Drug Charges

Building your strongest defense against drug charges requires the assistance of an attorney. He or she will understand drug laws and have access to the resources you need to plead your case.

There are numerous arguments you can make against drug charges. For instance, a drug in your vehicle might actually belong to someone else.

It might also be possible to reduce the charges against you, especially in cases of trafficking or distribution. This reduction can be significant and mean the difference between serving time in jail and facing only probation, depending on the type of drug in question.

And if the search used to find drugs in your possession is illegal, the charges against you can be thrown out.

Every case is different, which is one of the reasons it’s so important to work with an experienced attorney. You need someone working to protect your rights and ensuring you have the strongest defense possible.

If you’re an older adult and have questions about drug charges you are facing, or a loved one has been arrested with drugs in his or her possession, contact David Lindsey to schedule a consultation.

Source: https://abcnews.go.com/US/drug-drops-americas-youth-rises-50-crowd/story?id=20155714

Situations such as this might also occur with more extreme crimes. An officer can pull you over for a traffic violation, only to find you are in possession of drugs. It’s not difficult to drive around unnoticed with drugs in your vehicle, and as long as you are abiding traffic laws, it could be years before illegal contraband is discovered, if it’s ever noticed.

Unfortunately, by giving law enforcement a legitimate reason to pull you over, no matter how minor and unrelated, it opens the door to a slew of other charges, including drug possession.

Law enforcement needs minimal reason to search your vehicle for drugs. For instance, if an officer believes he or she smells burnt or fresh marijuana during a routine traffic stop, its reason enough to search your vehicle. The good news is disputing an officer’s olfactory assessment of the situation could help you beat the charges against you.

To learn more about your rights during a traffic stop, check out this article from Business Insider.

What to Do If You are Charged with Drug Possession as the Result of Traffic Stop

Fortunately, even if drugs are found in your vehicle during a routine traffic stop, law enforcement and prosecutors will likely still need to prove constructive possession. There must be independent evidence (fingerprints on a package of drugs are a good example) that links you directly to the drug found. Simple proximity to a drug might not be enough to prove the case against you because it doesn’t guarantee you have dominion or control over what was found.

Ownership of the vehicle in question is also important. Drugs present in a car that you happen to be driving is not enough, but drugs found in your vehicle, of which you have exclusive possession could be. The prosecution will need to show you were aware of the drugs and you had the ability to exercise dominion and control – decisions that could go either way depending on the specific details of your case.

The bottom line? Making a mistake while driving can get you into far more trouble than just a traffic ticket. If you are driving with a banned substance in your vehicle, you should make every effort to avoid driving mistakes. And if you are not 100 percent certain you can operate your vehicle at all times without error (who is?) you should avoid driving with drugs or other illegal substances in your vehicle.

If you would like to know more or you are facing legal action because of a traffic stop, I can help. Contact David Lindsey to schedule a free consultation to discuss your situation.

The DEA has set up a secret office it calls the “Special Operations Division” where it processes the NSA’s intelligence intercepts from wiretaps and informants. The SOD is made up of two dozen partner agencies, including the FBI, CIA, NSA, IRS and the Department of Homeland Security. But because the SOD’s work is classified, DEA cases that originated from an NSA lead can’t be traced back to the source. The DEA uses a process known as “parallel construction” to essentially fabricate the source of the evidence, concealing it from defense attorneys and even from prosecutors and judges. The practice has been compared by some to money laundering, since the agents are working backward from the evidence to clean up the source.

According to the report from Reuters, “federal agents are trained to ‘recreate’ the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant’s Constitutional right to a fair trial. If defendants don’t know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence – information that could reveal entrapment, mistakes or biased witnesses”. Agents are told to omit the SOD’s involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony.

Law enforcement agents told Reuters that they usually don’t worry about the SOD’s exposure in court, since most drug-trafficking defendants plead guilty before trial and therefore never request to see the evidence against them. If cases did go to trial, current and former agents said, charges were sometimes dropped to avoid the risk of exposing SOD involvement.

In a New York Times op-ed this last week, contributors Alfred Blumenstein and Kiminori Nakamura detailed the struggles faced by convicted felons as they try to move on with, and improve, their lives. Past drug charges follow these defendants long after they serve their time.

They cite the story of Darrell Langdon as an example; Mr. Langdon found that he could not get a job as a boiler room engineer for Chicago Public Schools because of a 1985 conviction for possession of a half-gram of cocaine, a felony for which he received, and served, probation. Mr. Langdon, a single father who has remained clean and out of trouble with the law since 1988, was offered a job after a story in the Chicago Tribune raised a public outcry.

Langdon’s story is the exception, however; according to the authors, a “stunning number of young people are arrested for crimes in this country, and those crimes can haunt them for the rest of their lives”. A felony conviction can mean exclusion from public housing and welfare assistance, leading to poverty and a life on the streets, and increasing the likelihood of recidivism. The majority of states even allow hiring decisions to be made on the basis of an arrest alone.

Many of these arrests are a result of the ongoing war on drugs, which disproportionately targets young men of color. The real problem, the authors claim, is state and local rules that restrict employment for the rest of an individual’s life. They propose that these “forever rules” be replaced by rules that provide for an expiration of a criminal record. A number of states have already placed limits on the availability of old criminal records; a new Massachusetts law, which takes effect in May, will limit access to misdemeanor records for five years, and felony records for ten.

At my Denver law firm, I represent people facing serious criminal charges in state and federal courts throughout Colorado and Wyoming.

http://www.nytimes.com/2012/01/10/opinion/paying-a-price-long-after-the-crime.html?_r=1

Seven people have been arrested in Alamosa, Colorado, after allegations of involvement in a serious drug crime. The individuals were allegedly part of a drug trafficking ring in the San Luis Valley. The ring was allegedly designed to deliver methamphetamine and cocaine to individuals in the area.

Investigators with the Alamosa Police Department, the Alamosa Parole Office and the Colorado State Patrol uncovered the ring earlier this year. With the help of the Drug Enforcement Administration, they received warrants for the arrests of the seven individuals. The arrested suspects range in age from 26 to 52. The majority of them are from Alamosa, and all seven have been charged with the distribution of methamphetamine, cocaine or both. Most of their bonds have been set at $50,000. Some have bonds set higher at $75,000.

Law enforcement officers are searching for one more person, a 28-year-old that is believed to be involved with the ring. If caught, he will also face charges of methamphetamine distribution. He is also from Alamosa.

During the execution of their search warrants, police allegedly found nearly three pounds of methamphetamines. They also reportedly uncovered more than a pound and a half of cocaine. According to police, the street value of these unsold drugs is more than $150,000. The search warrants also led police to the confiscation of three rifles, a stun gun, two vehicles and a handgun. They also found a bullet-proof vest and an undisclosed sum of money. If convicted, the individuals allegedly involved will likely face jail time.

This case is yet another example of how seriously Colorado authorities take drug crimes. However, it is important to remember that not everyone accused of a drug crime is guilty. For example, if police did not have a search warrant, any evidence uncovered in a search may be suppressed. Those who have found themselves charged with a drug crime may find it helpful to speak with an experienced defense attorney.

Source: KRDO, “San Luis Valley Drug Bust,” Sept. 1, 2011

The recent suspension of Colorado NASCAR driver Ronnie Hults has sparked a debate over the current medical marijuana laws in the state. The Colorado constitution allows for the use of medical marijuana as long as person has a prescription. However, a short sentence in the legislation says that employers do not have to accept the state law, leaving them free to reprimand employees who use the substance, even if they are doing so legally.

A few weeks ago, Hults was drug tested the morning before a race after someone reportedly called NASCAR officials to complain of his marijuana use. Hults’ doctor wrote him a prescription for marijuana to help ease severe back pain that stems from a car crash. Despite his valid prescription, NASCAR suspended the driver after he tested positive for marijuana.

According to Hults, he only uses the substance as a sleep aid. He argued that he never uses it when racing, so he is not harming anyone. According to the recent news article, the racecar driver had consumed marijuana a total of 12 hours before his drug test. One doctor said a person’s metabolism is what determines the effects of the substance at that point.

While the state law and workplace rules do not necessarily line up right now, one Colorado attorney said that employers may adjust their policies down the road. He said he hopes NASCAR will allow him to continue to race and still use the medical marijuana that his doctor prescribed. Currently, however, Hults will be stuck on suspension for an indefinite amount of time as he waits for NASCAR officials to decide how to handle his case.

Source: 9News.com, “Colorado NASCAR driver suspended for medical marijuana,” Jeffrey Wolf, Aug. 23, 2011

A drug trafficking bust occurred recently in Pueblo, Colorado. The bust, which had been in the works for nine months, led to the arrest of 24 people and seized more than $2 million worth of black tar heroin from the streets of Pueblo. Investigators say they were surprised that the heroin they discovered was destined for the streets of Pueblo and not a larger city.

The alleged leader of the ring, a 40-year-old resident of the area, was arrested during the bust. Law enforcement officials, including those from the federal Drug Enforcement Administration and the Pueblo Police Department, found 10 pounds of black tar heroin. They confiscated 12 vehicles, two guns and $43,000 in cash. Of the people who were arrested for alleged association with the drug distribution ring, many were from the Pueblo area. According to police, the heroin bust was one of the 10 largest in Colorado history.

Investigations began when a tip came in about the drug ring in December 2010. Officials then went undercover to find out more information, either purchasing heroin themselves or using confidential informants to act as buyers. The undercover investigation allowed law enforcement to locate vehicles, cell phones, locations and individuals involved. A warrant issued in early August allowed law enforcement to tap the cell phones of the alleged drug traffickers. Earlier this month, investigators learned that a shipment of heroin had arrived in Pueblo. They then followed one suspect to a Pueblo residence, which led to the arrest of the alleged ring leader as well as many of his suspected associates.

Though the multi-agency task force arrested 24 individuals, investigators are still looking for at least five others.

This drug case is a clear example of the lengths Colorado authorities will go to arrest people they suspect of committing drug-related crimes. In this particular case, authorities spent nine months trying to catch the suspected criminals. As is common in drug cases, police went undercover in an attempt to fool the alleged drug traffickers.

Being charged with a drug crime is very serious. It is not unheard of for police to tap cell phones or use informants in order to gather the evidence needed to arrest a person. If you suspect you are being investigated by police, speaking to an experienced defense attorney may be a good idea. A lawyer can help make sure you understand your rights and options.

Source: The Pueblo Chieftain, “24 arrested in $2.2M heroin bust,” Jeff Tucker, Aug. 11, 2011

Many drug charges begin with a routine traffic stop. Law enforcement authorities are obviously permitted to stop motorists who violate traffic laws. This is true even for minor infractions such as lack of a light illuminating the license plate of a vehicle, or even violations as minor as speeding one mile an hour over the speed limit. A routine traffic stop constitutes a ”seizure”

within the meaning of the Fourth Amendment even though the purpose of the

stop is limited and the resulting detention quite brief.

Law enforcement are permitted to detain an individual for a limited amount of time and to ask a limited amount of questions such as travel plans and vehicle ownership during the traffic stop. However, because the officer usually retains the individual’s driver’s license and other papers this initial phase is considered detention of an individual up until the time that the documents and license are returned. Once the documents are returned. the citizen is free to go and need not submit to any further interrogation or consent to a vehicle search by law enforcement. Normal law enforcement techniques in this area are to return the documents and then ask the citizen if he is willing to answer a few more questions. This citizen is free to say no and be on his way, yet because of the inherent coercive power of the officer’s presence few decline to answer further questions.

If the officer develops “reasonable suspicion” during this “consensual questioning,” he may engage in an additional limited detention of the citizen. Usually, this involves the deployment of a drug sniffing dog. If the dog gives an alert signal on the citizen’s vehicle, then the law provides that the officer has probable cause to conduct a full blown search of the vehicle without a search warrant. Law enforcement agents are trained to obtain consent from citizens and many times they are able to overpower the will of a citizen with this training.

If you have been pulled over for a routine traffic stop, and that stop resulted in a search of the vehicle that resulted in criminal drug charges you need to hire an attorney who is familiar and experienced in handling these matters so that appropriate motions to suppress can be filed in your case.

A doctor accused of distributing controlled substances to people without a medical need was caught recently in Colorado. After posting his bail in Georgia, he fled to Colorado and managed to avoid law enforcement for more than four months.

The 71-year-old doctor was accused of federal drug crimes in Georgia earlier this year. The investigation into his drug crimes did not begin until a patient of his was caught selling a controlled drug in the parking lot of the doctor’s office. He pled guilty in early February to two counts of drug distribution. The controlled substance in question was codeine syrup, a main ingredient in a drink colloquially known as “purple drank.”

After pleading guilty and posting his $25,000 bail, he left Georgia and began living in a home in Ridgway, Colorado. A U.S. magistrate ordered him to remain in southeast Georgia where he was currently living. After he did not report to probation officials on several appointed dates, an investigation into his whereabouts began.

When he was found in Colorado, U.S. marshals worked with Ouray County sheriff deputies to make the arrest. Locating him at his residence in Ridgway, they stopped him as he left his home in a 2011 Chevrolet Silverado pickup truck. Officers who made the arrest found a loaded .45-caliber handgun in the front seat of the vehicle. In the bed of the truck were two more revolvers, a .22-caliber and a .45-caliber. Seventy rounds of ammunition were recovered as well as more than half a dozen shotgun shells.

As this case shows, police in Colorado take drug crimes very seriously. However, not everyone who is accused of committing a drug crime is guilty. Under the law, everyone is innocent until proven guilty. If you are facing drug charges, it is very important to understand your rights and options.

Source: The Augusta Chronicle, “Fugitive Georgia doctor captured in Colorado,” Teresa Stepzinski, 13 July 2011