What Is the Exportation of Drugs?
It is illegal to export controlled substances to another country without authorization from the United States government. This includes controlled substances that you are using for personal use or selling commercially. If you are caught exporting drugs to another country without authorization, then you may be charged with the federal crime of drug exportation.
If a country is a part of the International Opium Convention, the Convention for Limiting the Manufacture and Regulating the Distribution of Narcotic Drugs, or the Single Convention on Narcotic Drugs, then it is protected by federal law from receiving drugs that are exported without proper written permission from the government. This authorization can come in the form of a license or some other written form.
If you are charged with federal drug exportation or trafficking, it is important to speak to a lawyer who understands federal law. The penalties for these crimes can be very severe, so it is important to get help from someone who has the appropriate experience to properly help you.
What Are the Common Types of Exportation of Drugs?
Specific drugs that are illegal under federal law are known as controlled substances. The list of controlled substances includes cocaine, cocaine base, fentanyl, heroin, LSD, methamphetamine, and PCP, among several other substances. These drugs are smuggled out of the United States through various means, by air, land, and sea. The amount and type of controlled substances that are alleged to be exported will determine the potential punishment that an accused will face.
What Are the Potential Penalties for the Exportation of Drugs?
There are many penalties for exporting controlled substances. The penalties are similar to the ones for trafficking drugs or conspiring to traffic drugs. There are also mandatory prison sentences for different federal drug crimes. These mandatory minimums also apply to convictions for exporting drugs.
If you are convicted of drug exportation for the first time, then you can face prison for 5 years to 40 years. If someone dies or is seriously injured because of your actions, then your prison time can increase to a minimum of 20 years up to life. Those who are convicted of illegally exporting drugs can be fined up to $5 million per offense, while organizations can be fined up to $25 million per offense.
What Are Some Common Defenses Against an Exportation of Drugs Charge?
Many defenses are potentially available if you are accused of the illegal exportation of a controlled substance. The answers to the questions listed below will help determine which are the best defenses available:
- Did your constitutional rights get violated by the government?
- Did the police have a warrant to search you?
- Were you forced by someone else to commit a crime?
- Did the police entrap you?
- Are you even involved?
- Is it a case of mistaken identity?
- Is someone lying about your culpability?
The answers to these questions will help you to see what your potential defenses might be. A legal defense is made with a motion to the court, while a factual defense is reserved for a jury during a trial. Make sure you understand all of your potential defenses for your criminal charge. This knowledge can be the difference between being convicted and getting an acquittal.
In What Court Will Your Case Be Heard?
Federal criminal cases are heard in federal District Courts that are spread across the US. In New Jersey, there is one federal district and three courts that are part of this district. If you are accused of a federal crime in New Jersey, then the case will be processed in the court closest to where the alleged crime took place.
If you disagree with a decision or verdict in an exportation of drugs case in a federal district court, then you can file an appeal with the correct appellate court. An appeal from a New Jersey District Court must go to the United States Court of Appeals for the Third Circuit. The only court higher than that is the United States Supreme Court. The Supreme Court only hears cases that it chooses as there is no right to have a case heard in the Supreme Court. An experienced attorney can help you understand the court rules and procedures that apply to you and what must be done in your situation.
How Hiring an Experienced Attorney Can Help
If you are facing criminal charges, then make sure that you have an attorney who knows how to defend people in criminal court. If you are charged with a crime, then your attorney can help you understand the case against you. They can also tell you if the case is strong or weak. If you want to go to trial, your attorney can help make that happen. If you want to plead guilty, then your attorney can work out a deal with the prosecutor.
If you want to make a deal with the prosecutor, then your attorney can negotiate it for you. Your attorney can also tell you whether the negotiated offer is a good one to take. Make sure that you fully understand your case and what could happen if you are convicted before deciding what to do. If you have legal questions, then contact us at the Lento Law Firm today!
Why Hiring Lento Law is the Right Choice
If you are being investigated or prosecuted federally for alleged exportation of drugs, then it is important to speak to an experienced federal criminal defense attorney right away. Attorney Joseph D. Lento has helped people defend countless criminal charges in several jurisdictions. Call the Lento Law Firm at 888-535-3686 to learn why hiring Lento Law is the right choice to help you defend your federal case.