Charges of Trafficking Tranquilizers

Each year, thousands of doctors prescribe tranquilizers to treat anxiety disorders, panic attacks, sleep problems and muscle spasms.  They work by calming the central nervous system and provide tension and anxiety relief.  These drugs are known as benzodiazepines and can be highly addictive.  Tolerance and physical and psychological dependence can develop with long-term use.  Twice as many people die from barbiturates overdoses as compared to heroin overdoses.  Sudden withdrawal can result in seizure and even death.

Consequences of Drug Trafficking

Drug trafficking is a crime that involves the manufacturing, sale, distribution, possession with intent to distribute or sell, smuggling, and possession of controlled substances.  Federal and state drug trafficking laws and punishments vary according to the type of drug being trafficked, the geographic area of distribution, and if minors were involved.  Drug trafficking offenders are subject to mandatory minimum sentencing requirements and state sentencing is modeled after these federal schedules.  The average length of incarceration for a first time offender is between one and three years.  Federal mandatory drug sentences are determined based on three factors:

• The type of drug
• Weight of the drug mixture
• Number of prior convictions

Mandatory minimum sentencing laws force judges to deliver fixed sentences to individuals convicted of a crime, regardless of culpability or other mitigating factors.  Most minor tranquilizers fall into class IV of the controlled substances act and possession of these substances without a valid prescription is a felony offense.  Anyone convicted of a felony risks losing the ability to obtain a job, the right to vote and will be punished with huge fines.

Evidence Required for a Conviction

Two of the most important rights in drug cases involved the Fourth and Sixth Amendments.  The Fourth Amendment protects individuals from unreasonable search and seizure.  If the police searched you, your home, or your car without a warrant, or obtained a warrant without probable cause, the defense can argue to have the evidence suppressed and not admissible in court.  The Sixth Amendment states that you have the right to confront your accuser.  If the government used information or evidence from confidential informants that they don’t want to expose, it may be inadmissible in court.

How An Attorney Can Help

There are several methods for an attorney to argue to both federal and states judges not to impose the mandatory minimum sentence for a variety of reasons that include:

• Constitutionality of the statute
• Lack of Legislative intent
• Failure to provide timely notice of mandatory minimum

With aggressive action by an experienced criminal defense attorney, they may be able to negotiate a reduced charge.   If you are facing drug charges, you should contact a lawyer who can ensure that your rights are defended.