January 10, 2010

Mexican Drug Cartel Control Cocaine Supply in South Carolina

Over the past several years there has been a major shift in the manner in which cocaine arrives in the United States. In years past my office in Miami represented a large number of Columbia, Cuban and Haitian nationals that were charged with trafficking in cocaine. Attorneys in Miami and New York spent a great deal of time defending drug charges in federal court. The change has come in the manner in which cocaine is now entering the United States. The Columbian cartels of old would use the Port of Miami as one of the largest delivery areas in the country. With the burden of delivery falling on the Columbians. That has now changed with the introduction of the Mexican cartels. There have always been Mexican cartels, but with limited access to cocaine, the profits were not anywhere near what the Columbian cartels were producing. Now, the Columbian cartels have realized a simple solution to getting cocaine to the United States. Let the Mexicans handle the drug trafficking into the United States. It has been abundantly clear that the largest supplier of cocaine to the United States is now Mexico. The cocaine is easily delivered from Columbia to Mexico.
Our criminal defense attorneys in South Carolina have seen a dramatic increase in federal drug trafficking charges. The drug conspiracies have Mexican ties at several different levels. The Mexican cartels are shipping the cocaine throughout the country via the interstate road system. At any given moment there are thousands of kilograms of cocaine traveling on interstate 10 and interstate 95. The cocaine is bound for cities such as Charleston, South Carolina, Atlanta, or New York. There is still cocaine coming into Miami, but the DEA has been so active in Miami, it is easier for the Columbian cartels to just deliver the cocaine to Mexico. Our federal defense attorneys are experience in defending drug conspiracies throughout the United States.
Local DEA officers in South Carolina are being over run with drug cases. There is also a large money laundering enterprise in the Myrtle Beach area that is yet to be indicted. There is a significant lack of federal law enforcement in the Grand Strand area. The need for this law enforcement and a Federal Courthouse in Myrtle Beach would increase the quality of life for many people in the area.

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September 5, 2009

Federal Drug Offenses and the Sentencing Guidelines

Although the United States Sentencing Guidelines are now advisory, they are still an important part of all federal sentencing proceedings, including drug crimes. Drug offenses are routinely prosecuted in federal court. Theses offenses can involve a variety of conduct, including drug conspiracies, federal drug trafficking, possession with intent to distribute, and possession of drug paraphernalia. Drug conspiracies may be proven through the use of circumstantial evidence, however, the following elements must be met: an agreement between two or more persons to possess or to possess with intent to distribute some kind of illegal drug or controlled substance, including cocaine, cocaine base, know as "crack", heroin, methamphetamine, or marihuana, the defendant must know of the conspiracy, and must also be knowingly and voluntarily part of the conspiracy.

Drug quantities are an essential part of sentencing in Federal Court. For example, a person convicted of drug conspiracy is not only sentenced based on his own conduct, but also on the basis of the conduct of his co-conspirators that was known to the defendant or was reasonably forseeable to him. This may even include uncharged drug amounts as well as all amounts charged in dismissed counts. This concept is known in the sentencing guidelines as relevant conduct. However, after the Supreme Court's decision in Apprendi, drug quantities which increase the statutory maximum penalty are elements of the offense which must be charged in the indictment and presented to a jury for proof beyond a reasonable doubt.

A federal lawyer may attempt to have the government stipulate to a specific amount of drugs before the sentencing hearing to minimize the potential guideline range. Additionally, a federal defense attorney will almost always file objections to the pre-sentence investigation report and a sentencing memorandum to highlight any mitigating factors to the court.

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Posted In: Drug Charges

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July 26, 2008

4 People Arrested for Marijuana in Conway

4 people have been arrested by the Drug Enforcement Unit near Conway, South Carolina. The defendants have been charged with distribution of marijuana, possession of marijuana with the intent to distribute and trafficking marijuana in close proximity to a school. All these charges expose the defendants to prison time. The case will be prosecuted at the Conway Courthouse. All the defendants are out on bond. They most likely used a Conway Bail bondsman or a Myrtle Beach bail bondsman so they did not have to post the entire bond. Our Conway attorneys are available for bond hearings with in hours of getting notice. We are able to attending the hearings and most likely get the bond lowered.

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Posted In: Drug Charges

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May 10, 2008

DEA and Marijuana Forfietures

Congressman John Conyers recently sent a letter to the acting DEA administrator questioning the DEAs aggressive enforcement of marijuana laws against medical growers and users in California. Obviously Congressman Conyers does not fully understand the forfeiture provisions of our federal laws related to drug indictments. The DEA is able to seize millions of dollars of assets even if a defendant is found not guilty of any violation of federal law. There is a civil forfeiture provision that follows the civil burden of proof instead of the criminal standard of beyond a reasonable doubt. The use of this forfeiture tool has only recently been used in South Carolina. It has been as standard tool for indictments in Miami and Florida in general. Defense lawyers usually will represent a client in the civil forfeiture proceeding as well as the criminal indictment.
The DEA has stated that medical usage of marijuana is not recognized by the federal government. The DEA has failed to understand that the 50 states of this country can grant their citizens more rights than the federal government. The expansion of the DEAs power over the years has come to mean that the DEA has control over all drugs in this country. This includes the DEAs power to decide which drugs will be scheduled as illegal for distribution to the public, i.e., cocaine, heroin, ectasy,
In theory the DEA could make asthma inhalers illegal or change the schedule level for the inhalers. Thereby controlling the use of the product to their desires and not to the desires of the medical doctors prescribing the inhaler. Medical doctors, not DEA Administrators or agents, are the proper party to determine what products are safe for the public.
California State Representative Carole Migden has introduced a resolutions to end federal raids in states that have legalized medical marijuana. More people are hurt and killed by alcohol than any other drug. Yet the abuse of alcohol carries no penalty unless the abuse is behind the wheel of a car. (DUI)

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Russell Warren Mace III

Nicole Elizabeth Nicolette

Toll Free: 1-800-94-TRIAL
A GREAT LAWYER IS NOT HARD TO FIND

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