If you believe you may be under federal investigation for a drug related crime, it is critical to your case that you hire a qualified criminal defense attorney right away. Do not risk having your rights violated by neglecting to retain a skilled, experienced criminal defense attorney. Contact the Houston, Texas, law office of Kuniansky & Associates today. We will work diligently to ensure your rights are protected.

What are Federal Drug Schedules?

Federal drug statutes classify controlled substances according to "schedules." The Attorney General has the authority to delete, add or reschedule substances. State schedules refer to or are based on federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" ("CDSs").
There are currently 5 schedules which are based on the parent chemical of the drug in question:

(Note: This information is for general reference only and is not a comprehensive list. For more information please visit http://www.usdoj.gov/dea/pubs/scheduling.html )

Schedule I : Includes PCP, TCP, MDMA (Ecstasy), Fentanyl (China White), Cathinone, DMT, GHB, LSD, Marijuana, Mescaline, Peyote, Psilocybin
Schedule II : Includes Amphetamine, Cocaine, Codeine, Hydrocodone, Methamphetamine, Opium, Oxycodone, Nembutal, Secobarbital, Morphine
Schedule III : Includes Amobarbital/ephedrine, Anabolic Steroids, other Barbituates, Morphine combinations of 50 mg/100 ml or gm
Schedule IV : Xanax, Darvon, Valium, Placidyl
Schedule V : Codeine preparations of 200 mg/100 ml or 100 gm (Robitussin A-C), Opium preparations of 100 mg/100 ml or gm (Kapectolin PG)

What is the definition of Drug Trafficking ?

Drug Trafficking is generally considered as the sale, distribution, possession with intent to distribute or sell, manufacturing, and / or smuggling of controlled substances. It generally does not include possession of small amounts of controlled substances, although posession of larger amounts can be used as proof of an intent to distribute without requiring evidence that the substance was actually distributed.

What are the penalties associated with a Federal Drug Trafficking charge?

Federal trafficking penalty guidlines vary according to the type of drug, the quantity involved and the offenders past history.
Some examples include:

Cocaine ( 500-4999 gms), Fentanyl (40-399 gms), Heroin (100-999 gms), LSD (1-9 gms), Methamphetamine (5-49 gms pure or 50-499 gms mixture), PCP (10-99 gms pure or 999 gms mixure):
First Offense: minimum 5 to 40 years imprisonment: If death or serious injury is involved, not less than 20 or more than life: Fines to $2 million if an individual, $5 million if not an individual,
Second Offense: minimum 10 years and not more than life. If death or serious injury, life imprisonment. Fines to $4 million if an individual, $10 million if not an individual
Cocaine (5kgs +), Fentanyl (400gms +), Heroine (1kg +), LSD (10gms +), Methamphetamine (50 gms or more pure or 500 gms or more mixture), PCP (100 gm or more pure or 1 kg or more mixture):
First Offense: Minimum 10 yrs to life. If death or serious injury, not less than 20 or more than life. Fines to $4 million if an individual, $10 million if not an individual.
Second Offense: Minimum 20 years to life. If death or serious injury, life imprisonment. Fines to $8 million if an individual, $20 million if not an individual.
2 or More Prior Offenses: Life imprisonment
Marijuana:
1-49 plants or under 50kg: First Offense: maximum 5 years; Fines to $250,000, $1 million other than individual, Second Offense: Not more than 10 years, Fines to $500,000 if an individual, $2 million if other than individual.
50 to 99 plants or kg: First Offense: maximum 20 years; If death or serious injury, minimum 20 years, not more than life; Fines to $1 million if an individual, $5 million if other than an individual. Second offense: maximum 30 years, If death or serious injury, mandatory life. Fines to $2 million if an individual, $10 million if other than individual
100 - 999 plants or kg: First Offense: minimum 5 years, maximum 40 years: If death or serous injury, minimum 20 years, not more than life. Fines to $2 million if an individual, $5 million if other than an individual: Second offense: minimum 10 years, not more than life: If death or serious injury, mandatory life. Fines to $4 million if an individual, $10 million if other than an individual.
1000 + plants or kg: First Offense: minimum 10 years, maximum life: If death or serous injury, minimum 20 years, not more than life. Fines to $4 million if an individual, $10 million if other than an individual: Second offense: minimum 20 years, not more than life: If death or serious injury, mandatory life. Fines to $8 million if an individual, $20 million if other than an individual.

What is "restitution"?

Restitution involves ordering the defendant to pay the victim a sum of money to compensate for the monetary costs of the crime. The federal Mandatory Victims' Restitution Act of 1996 provides that victims may be entitled to an order of restitution for certain losses suffered as a direct result of a crime for which the defendant was convicted. Many state and federal laws also require a criminal offender to make restitution to the victim.

What is forfeiture?

The government may seek criminal forfeiture when the property is used in the commission of a criminal offense or was obtained through criminal activity. For example, the government may seek forfeiture of money or bank accounts if it proves that the money was used in the commission of a crime or is the proceeds of a crime.

Do I need a lawyer to represent me if I am innocent?

Every criminal defendant needs an attorney. Innocent defendants are perhaps in even greater need of zealous representation throughout the criminal process to ensure that their rights are protected.

Do I need a lawyer if I simply intend to plead guilty ?

You may not understand the full implications of the crime with which you are charged. Criminal defense attorneys equalize the balance of power between the defendant and the prosecution and ensure that the constitutional rights that are guaranteed to all criminal defendants are preserved.

Richard Kuniansky has over 28 years experience with drug crime cases and handles them on a regular basis. We have a unique understanding of the government's strategy and will work vigorously on our clients' behalf to defend their interests. Contact Kuniansky & Associates today for committed legal advocacy.