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Being investigated for a federal drug crime is overwhelming. Confusion about the allegations, anxiety over potential evidence, and uncertainty about what happens next can consume you.

Federal prosecutors and federal agents meticulously build their cases, often making it feel like the odds are against you. But even when the government comes after you with everything they’ve got, you have options. Every accusation, every piece of evidence, and every charge can—and should—be challenged. With the right defense strategy, you can fight back.

At Robert J. Fickman Criminal Defense, we understand the stakes and are ready to take action. Don’t wait for the government to dictate the outcome—contact Houston, TX criminal defense attorneys today to begin building your defense. Quite often, we are hired to represent clients during the investigative stage of the case. Our goal, if possible, is to stop charges from being filed.

What Makes a Drug Crime Federal?

Drug crimes are handled federally when they cross state lines or involve large-scale operations. For example, drug trafficking across state borders, distribution networks that span multiple states, or international smuggling rings fall under federal jurisdiction. The federal government also steps in when crimes occur on federal property or involve substances banned under federal law.

The Federal government handles almost all large drug cases. The Government takes these cases seriously, as they often involve large quantities of controlled substances, sophisticated networks, and organized efforts. Federal charges aren’t just about possession; they typically involve accusations of trafficking, manufacturing, or conspiracy, making the penalties severe.

How Do Federal Investigations Begin?

Federal drug investigations rarely happen by chance. They’re initiated through thorough planning and surveillance. Informants, undercover agents, and advanced technologies like wiretaps and GPS tracking are often used to gather evidence. A single tip from a confidential informant can trigger many months of investigation, with agents tracking financial records, phone conversations, and travel patterns to build a case. The federal government investigates conspiracies, and it is common for them to indict large numbers of people who have committed a conspiracy.

If you’re being investigated, you may not even know it until you’re arrested. Federal agencies often wait until they believe they have an airtight case before proceeding.

Red Flags that you may be Under Federal Investigation?

You may also get some red flags that you are under investigation. You might notice you are being followed. Friends may tell you that Federal Agents have contacted them and asked questions about you or your business. Federal Agents may contact your family.

You might have a visit from Federal Agents who want to talk to you. You should obtain counsel before talking to Federal Agents. Talking to a Federal Agent can help them make the case against you. You have a right not to speak to them and the right to remain silent. If Federal Agents come to visit you, get their identifications and have your lawyer call them back to find out the purpose of their visit.

Legal Consequences of Federal Drug Charges in Houston

Federal drug charges come with severe consequences, and Houston residents facing these charges must understand the penalties outlined in federal law. Governed by the Controlled Substances Act, these penalties depend on factors like the type and quantity of drugs, prior convictions, and whether the offense involved minors or resulted in serious injury or death. Federal drug charges expose the accused to lengthy prison sentences. Notably, in the Federal system, there is no  Parole.  Potential penalties include:

• Lengthy prison sentences: For example, trafficking 5 kilograms or more of cocaine can result in 10 years to life in prison for a first offense.
• Hefty fines: Fines can reach up to $10 million for individuals or $50 million for organizations.
• Mandatory minimums: Even first-time offenders may face mandatory sentences, starting at 5 years for certain offenses.
• Enhanced penalties for repeat offenders: A second conviction could double the prison time or result in a life sentence.

Key Defense Strategies in Federal Drug Crime Cases

Facing federal drug charges doesn’t mean the government’s is right or that you will be found guilty. There are multiple defense strategies to challenge their investigation and protect your rights.

Challenging the Investigation Process

Strict legal protocols bind federal agencies during their investigations. If they fail to adhere to these rules, their collected evidence may be thrown out. For example, if law enforcement searched your property without a valid warrant or exceeded the scope of a court-approved wiretap, any evidence obtained could be deemed inadmissible. Additionally, issues like coercion during interrogations or procedural missteps can undermine the government’s case. Additionally, the Government makes mistakes when it comes to identifying alleged perpetrators. You may be mistakenly identified as being involved.

Discrediting Informants or Witnesses

Informants and cooperating co-defendants often play a central role in federal drug cases. However, their testimony is not reliable. Informants and co-defendants agree to cooperate in exchange for leniency, which can incentivize them to exaggerate or fabricate their claims. A strong defense can expose inconsistencies, question motives, and undermine the credibility of such witnesses. Attorney Robert Fickman has developed a strong technique for cross-examining informants and snitches. He has taught other lawyers across this country how to cross-examine snitches effectively.

On numerous occasions, Robert Fickman has taught “ Cross Examination of Snitches”  at  National Association of Criminal Defense Lawyers legal seminars.  He has taught at workshops in San Fransisco, Las Vegas,  Memphis, New Orleans, Chicago, Washington DC. And in Maine.

Proving Lack of Knowledge or Intent

Federal drug charges often require the prosecution to prove you had both knowledge of and intent to commit the alleged crime. If you were unaware of the drugs’ presence or didn’t willingly participate in illegal activity, this lack of intent can form the basis for your defense.

Negotiating Plea Deals

Negotiating a plea deal may lead to reduced charges or alternative sentencing. While it’s not always the best option, plea agreements may avoid lengthy trials and minimize the consequences of a conviction.

Speak to Seasoned Houston, TX Criminal Defense Attorneys

Facing federal drug charges is daunting. The government’s resources seem endless, and their allegations can feel like an impossible mountain to climb. But you don’t have to face it alone. With 40+ years of experience defending individuals against serious charges, Robert J. Fickman knows how to find weaknesses in the prosecution’s case. Whether it’s questioning how evidence was gathered, challenging witness credibility, or exposing procedural violations, he will relentlessly protect your rights.

Unlike many Criminal Defense Lawyers, Robert Fickman has won cases in jury trials in Federal Court.  He has represented clients charged with drug conspiracies who have been acquitted of all charges. Most recently, in 2022, his client was acquitted of all seven drug charges.

If you’re under investigation or facing federal drug charges, now is the time to take action. Contact Robert J. Fickman Criminal Defense at (713) 655-7400 or complete the online form to discuss your case today.