South Carolina Criminal Lawyer Blog

Drug trafficking is the act of transporting a large quantity of illegal drugs or controlled substances with the intent to unlawful sell, distribute, or deliver. Drug trafficking is considered to be an illegal commercial activity, which is typically defined as a felony. The amount of illegal drugs or controlled substances to quantify the classification of ‘large’ varies depending on the location of the offense.

Unless expressly permitted by the Federal Government, the result of a medical prescription, or a medically sanctioned measure for the treatment of a disease, the possession of drugs or controlled substances is a crime. While some illegal and controlled substances are organic and natural in their purest state, other drugs are synthetic and produced as a result of chemical processing. A controlled substance is a drug or substance that is considered to be legal in the event that it is possessed by individuals legally allowed its use. Controlled substances include pharmaceuticals and other items that require expressed, governmental permission for their possession and/or usage. An illegal drug is defined as a drug or substance deemed illegal to possess, use, sell, purchase, or manufacture.

Drug sales are classified as the act of selling or commercially distributing illegal drugs or controlled substances. However, drug trafficking classifies the activity of drug sales in the event that the amount of drugs intended for sales in the event that it exceeds quantity associated with ‘distribution’. Drug trafficking is considered to be the most severe and punishable offense with regard to the illegal sale of drugs.

In the event that a person is placed under arrest for the alleged participation in drug trafficking, they are encouraged to abide by all protocol and procedure set forth by the arresting officer. Individuals accused of and subsequently arrested for drug trafficking charges are entitled the same rights expressed in the Constitution of the United States.

In the event that an individual experiences difficulties or failure to fully understand stipulations set forth in a subpoena to appear in court as a result of being charged with a drug trafficking offense, they are encouraged to consult with a criminal defense lawyer specializing in the field of Drug Trafficking, in additional to trial law, criminal law, drug possession, and defense.

If you or someone you know has been charged with a crime, call one of the experienced Myrtle Beach criminal defense lawyers at The Mace Firm. Our criminal defense attorneys in Myrtle Beach are ready to speak with you about your case.

Continue reading "Drug Trafficking" »

The Fair Sentencing Act of 2010 was effective on August 3, 2010. The Act has initiated several changes to the sentencing guidelines, especially those that relate to the sentencing requirements for crack cocaine offenses. It has reduced the sentencing ratio of crack cocaine versus powder cocaine from 18 to 1. This is a substantial difference from the previous 100 to 1 ratio that was imposed when the guidelines were originally enforced. It seems the legislature has recognized the harsh sentences the crack cocaine offenders were receiving for a relatively minor offense.

The Act also increases the mandatory minimum requirements. Now, 28 grams triggers the five-year mandatory minimum and 280 grams triggers the ten-year mandatory minimum. Additionally, the Act has also eliminated the mandatory minimum for simple possession of crack cocaine, which was previously set at a five year minimum sentence.

The provisions of the Act were implemented into the United States Sentencing Guidelines and became effective on November 1, 2010. However, the Act is not retroactive, meaning that the provisions will not affect those who have already been convicted of a federal crack cocaine offense. In any case, a person accused of a federal crime should consult with an experienced federal defense lawyer to determine what sentencing guidelines apply to your case. Your attorney will be able to review your presentence investigation report and decide what would be the best defense for your case. A good federal attorney would also be able to inform you as to whether you are eligible for any sentencing reductions.

Continue reading "Fair Sentencing Act of 2010" »

The United States Attorney for the Southern District of Florida has announced the extradition of Diego Montoya to the United States to face charges of drug trafficking, money laundering, and murder. The government has stated that Montoya was in charge of North Valley Drug Cartel in Columbia. Several of Montoya's brothers have been taken to the United States and have been convicted on federal drug trafficking charges. The U.S. attorney has alleged that Montoya's organizatio smuggled more than 10 billion dollars in cocaine into the United States. If convicted, Montoya will face life in prison. He is a so called "KINGPIN."

Montoya should already have a good criminal defense attorney in Miami. He should have a detention hearing tomorrow in front of Federal Magistrate in Miami. This is basically a bond hearing. Montoya has been in the custody of the Columbia government waiting to be extradited to the United States. The government has alleged that Montoya was the head of Columbia's most powerful drug cartel. This state has been repeated by the government at least 4 times in the past 10 years with regard to a new case. The term "kingpin" has also been used to describe several prior federal indictments. In the future there will be another "kingpin" from Columbia that is indicted. There will never be an end to the cocaine trafficking business. Most Columbians are indicted in the South District of Florida (Miami to be precise). The question of contacts and ties to Miami present themselves in the form of property and money that has been invested in Miami.

Our attorneys practice in Federal Court in Miami and our first office is still in Miami. We now taken that expertise and have opened another office in South Carolina. We represent clients charged with drug trafficking in South Carolina.

Continue reading "Columbian Kingpin Extradited to US" »

DEA officers in Seattle, Washington recently arrested several members of a Mexican Drug ring. The arrests were related to Cocaine trafficking. The DEA agents seized over 36 pounds of cocaine and have alleged that the Drug ring was distributing over 30 kilograms of cocaine per month. The DEA code named the investigation "Operation Pink Tiger" based on the fact that the cocaine was being shipped in pink cellophane. The DEA is infamous for giving code names to drug investigations. There were also ties to a Mexican restaurant where the alleged drug leader was employed. The Mexican drug cartels are also very active in South Carolina. As previously mentioned South Carolina has become a distribution state for cocaine because of its central location between Miami and New York. Seattle is a much larger city than Charleston, Columbia or Myrtle Beach. However, the Mexican drug cartels are now functioning in almost every state and city.
The amount of cocaine involved the DEA investigation will activate a federal minimum mandatory prison term of 10 years. The federal sentencing guidelines will be used to give a range of months that the defendants will face. The guideline range will be based on the amount of cocaine, any prior convictions, relevant conduct, and the nature of the facts alleged in the indictment. The Federal Sentence guidelines apply to every federal indictment. The lawyers defending this case will have to ensure that a complete investigation is completed by the DEA. Much of the case will depend on statements made by codefendants and possible informants.

Cities in South Carolina, such as Columbia, Hilton Head, Greenville, Spartanburg, Myrtle Beach and Charleston, were seen as minor drug related areas in the South. Florida was the cocaine capital of the Southeast for many decades. In the past several years the amount of cocaine entering South Carolina has increased dramatically. The influx of Mexican drug organizations has increased the flow of drugs. The DEA has been investigating the use of Interstate I-20, I-26, I-95 and I-85 to move drugs across South Carolina. South Carolina is centrally located in between Miami and New York, which allows for the ideal distribution for the East Coast drug trade. Interstate 95 is a one way shot between Miami and New York and has no major cities in South Carolina. Florence is the largest city in South Carolina with direct access to Interstate 95. The Port of Charleston has also been utilized for importing cocaine, marijuana and other drugs into South Carolina.
According to the DEA South Carolina was once considered just a consumer state and not a source state. In the past few years South Carolina has become a transshipment corridor for cocaine, heroin, cannabis and other illegal drugs. Our office has defended many clients for importation of cocaine in Miami, Florence, Charleston, Palm Beach and many other cities throughout the South. In 2007 the DEA seized 477 kilograms of cocaine in South Carolina. This number does not include the seizures by SLED or local law enforcement agencies. The DEA has a smaller presence in South Carolina compared to Texas, Florida or New York. We have a criminal defense office in Miami, Florida. This was the basis for most of our experience in defending drug trafficking cases throughout the Southeast. With the increase in drug charges in South Carolina, we opened up an office in South Carolina to defend individuals indicted for drug trafficking, money laundering and other drug related offenses.
There has also been an increase in meth labs in South Carolina. Many rural areas have been producing crystal meth. The DEA seized 24 meth labs in 2007. The effects of meth in the poor regions of South Carolina have caused an increase in other areas of crime. Crystal Meth is very inexpensive compared to cocaine. Areas like Charleston and Myrtle Beach do not have the high level of crystal meth. Cocaine and marijuana are more prevalent in the metropolitan areas. We have defended clients for meth labs and marijuana grow houses in Florida, Georgia and South Carolina.

The latest DEA investigation into the selling of drugs at San Diego University has lead to the arrest and possible indictment of dozens of college students. Each student will need a criminal defense attorney and the United States Attorney will most likely prosecute the cases. The Drug Enforcement Administration investigation into drugs sales (especially cocaine) was started when a student at San Diego University died from a cocaine overdose last year. This was the spark that started the investigation. As far as I have seen, 2 students died in the past year at this University from cocaine abuse. From a statistical view, this is a very small number of deaths when compared with alcohol related deaths. The number of DUIs on college campuses compared to drug related facilities is tremendous. The college’s students that were arrest for drug trafficking at San Diego University will have several options once they are indicted.

The DEA and the US Attorney’s Office will most likely try to get the lower level dealers to cooperate against the students who were making the most money on the drug ring. In exchange for shorter prison terms, the lower level drug dealers will have to testify against the leaders of the operation. The students will most likely be charged with several types of federal and possible state law violations. Money Laundering, RICO (Racketeer Influenced and Corrupt Organizations), drug trafficking, possession with the intent to distribute, simple possession, and the one federal count that is included in almost every federal indictment “CONSPIRACY.” Conspiracy is the catch all to a federal indictment. Our office has defended many clients in federal court, and it is extremely rare to be charged in federal court, without a conspiracy count being included. Almost any act, communication, or participation in a criminal act will provide the basis for a federal indictment of conspiracy.

In San Diego, any students that delivered drugs, collected money, sent messages (text, email, telephone calls), provided delivery information or in very general terms participate in the organization could be indicted in this case. There may be several students that will be released and not charge with cocaine related offenses. The best they can all hope for is the hiring of great criminal defense lawyers. We have represented clients in Federal court in Florida, South Carolina, Michigan and Georgia. I know from experience that federal drug trafficking indictments are extremely hard to beat.