Imagine that you have been arrested and caught with a significant quantity of illegal drugs in your possession. You’re facing the prospect of federal prosecution, but it’s been several years since the arrest and you still have not been formally charged with violating drug trafficking laws. It’s fair to wonder, what is the statute of limitations for federal drug trafficking?
At Azhari Federal Criminal Lawyer, we know the federal rules of criminal procedure, with over 15 years of extensive experience defending against federal drug cases. In this blog we’ll explore the statute of limitations for federal drug trafficking, and how it can impact your case.
Understanding Federal Drug Trafficking Laws
Before we dive straight into the statute of limitations on federal drug trafficking charges, it’s important to take a moment to understand federal drug trafficking laws.
The Controlled Substances Act (CSA) is the primary legislation on federal drug laws in America. It breaks down and separates both illegal and prescription drugs into 5 categories, called schedules, with schedule I drugs being the most serious. Schedule 1 drugs have no accepted medical usage, and a high potential for abuse, while schedule 5 drugs have accepted medical use, and a low potential for abuse.
In addition to describing the schedule for drugs, the CSA also establishes the federal drug laws on manufacture, distribution, and possession of scheduled substances. The CSA describes the federal drug trafficking penalties, which vary based on the type of substance involved, and the quantity of it. Drug crime penalties are severe, and can include imprisonment, fines, and even forfeiture of assets if convicted.
The Statute Of Limitations For Federal Drug Trafficking
Now that we have a little background on federal drug laws, we can jump into discussing the statute of limitations for federal drug trafficking.
According to Title 18 of the United States Code, Section 3282, all federal drug crimes must be prosecuted within a 5 year period of the date the crime was allegedly committed. After 5 years, the statute of limitations has been reached, and federal prosecution can no longer initiate proceedings.
To be clear, the statute of limitations applies to bringing charges against a defendant. If the federal prosecution has already initiated the proceedings, the statute of limitations does not apply to an ongoing case.
There are other exceptions as well. If the drug trafficking activity is ongoing, the statute of limitations is extended and does not expire until 5 years after the last crime committed.
If a defendant flees and becomes a fugitive from justice, or if they leave the country to avoid prosecution, the statute of limitations may be tolled (paused) and extended once the defendant has been apprehended, or has returned to the US. In other words, you cannot simply leave the country for 5 years and return assuming the statute of limitations will prevent you from facing federal drug trafficking penalties.
Lastly, if a drug trafficking case is capital, meaning a murder was involved, then the statute of limitations is waived and charges can be filed beyond 5 years after the crime.
Why Do Prosecutors Allow a Case to Reach the Statute of Limitations?
So why exactly do some cases reach the statute of limitations for federal drug trafficking and others do not?
Generally speaking, it takes prosecutors a long time to bring charges to a case, especially complex cases involving drug trafficking laws. Some reasons why a case may reach the statute of limitations include:
- Difficulty Gathering Evidence – Evidence gathering is a time consuming process, with evidence being gathered from a variety of sources including wire taps, surveillance, undercover stings, and informants.
- Analyzing Evidence – Once evidence has been collected, it must be analyzed to identify patterns and connections. This can include forensic science, toxicology, and other fields where an expert is needed to conduct the analysis.
- Limited Resources – Because prosecutors often have a heavy workload, certain cases may be prioritized over others, based on factors such as the severity of the crime, and the likelihood of obtaining a conviction, which pushes other cases down in priority.
- Legal Challenges – Filing a motion to suppress evidence, or to dismiss charges can delay proceedings, while the court considers the arguments. These delays can add up over time.
Mounting a Defense for Federal Drug Crimes
If you’re facing federal prosecution for violating drug trafficking laws that occurred over 5 years ago, it is absolutely critical that you get help as soon as possible.
An experienced attorney who understands federal drug laws can help you to understand the statute of limitations as it applies to your case, and bolster a defense for federal drug crimes. Even if you have not reached that statute of limitations, there are ways to mount a drug charge defense.
Some common defenses for federal drug crimes include:
Entrapment
Entrapment occurs when law enforcement agents coerce a defendant into committing a crime. To prove entrapment, you must be able to show that the defendant was not predisposed to commit a drug crime before the government’s involvement.
Lack of Mens Rea
Mens rea, also known as criminal intent, is required to prove guilty of committing a crime. If it can be proven that a defendant did not have criminal intent, such as being forced under duress to commit the alleged crime, a conviction can potentially be avoided.
Illegal Search And Seizure
Under the 4th Amendment of the US Constitution, individuals are protected from illegal search and seizure. If law enforcement violated the 4th Amendment by conducting an illegal search, the evidence obtained may be dismissed by the court.
Conclusion
The statute of limitations for federal drug trafficking can vary by case, but in most cases, is limited to 5 years after the crime was initially committed. If you or someone you know are in need of defense for federal drug crimes, it is imperative that you get help from an experienced attorney as soon as possible.
Sami Azhari Federal Criminal Lawyer has over 17 years of experience defending federal and white collar crimes across the US, including drug charges such as trafficking and possession. Sami has tried over 100 federal cases including many involving charges of drug trafficking.
Contact Sami Azhari Federal Criminal Lawyer for a consultation on your defense for federal drug crimes. Sami will help you understand your case, and your rights, in your defense against federal prosecution for drug crimes.
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