View Full Version : Federal Drug Conspiracy


mortimersmith
04-18-2008, 04:48 PM
How does one disprove a drug conspiracy? All so called informants have been actively involved with drugs themselves. The informants are trying to get out of other charges themselves, yet they are getting total immunity from prosecutionon this case. The person who they are discussing has been in jail for almost a year. They had plenty of time to get their story straight. What is this? Federal drug charges just get more and more outlandish.

beverlysm
04-21-2008, 07:05 AM
You cannot. My son was sentenced to 120 months on the word of others. He was never caught with any drugs nor did he sell to any dea agent. He was using and his crowd did sell to each other. If he had caved to the dea, he would probably be home - as are several of his "friends". But having said that, I'm not sorry he's in prison. He has had about 17 months to think and readily admits that he might be dead by now if he hadn't wised up. 120 months is rediculous. But he's young and probably in better shape physically and emotionally than he's been in in several years. And he is not bitter about being "rolled" on. He always knew it was a real possibility. Now if you're totally innocent, heaven help you.

mortimersmith
05-19-2008, 12:27 AM
As a mother, what should I expect at the trial? Do you know of anything out there to read about conspiracy trials?

beverlysm
05-19-2008, 07:01 AM
I don't have any experience with a trial. None of these people went to trial. I understand there's about a 95% conviction rate and the judge cuts no slack if you make them go to trial. If the psi has been done, pay close attention to everything in it. Especially any prior convictions they'll use against you. Make sure you really dig for safety valve. In our "conspiracy" it appeared the only item taken seriously was prior record. The main guy in our case got a safety valve. So much for role in the offense. And remember, as much as most people on this board despise so-called snitches, you wouldn't be where you are without them. And you have until sentencing to offer up whatever you know.

Katcor5
05-20-2008, 03:28 PM
My 2 sons ended up being convicted of a drug conspiricy charge-one got 188 months and the other with no criminal record received 133 months in the 7th District. They had an 11 minute conversation on tape-while they were smoking a blunt with the DEA agent in the car and the CI, is the one that had the blunt and lit it up. They were asked to rob a house that the Mexican Mafia had. It was all fake. The DEA agent was asked how much cocaine was in the house and he replied-5-10-30 kilos. There was no "stash house nor were there any drugs." Well..............they were convicted on the 30 kilos. BTW--they never showed up prepared to rob anybody, they drove away and were arrested 16 days later. The jury was not a jury of their peers. The DEA and ATF agents were caught in lies on the stand--but that did not matter. They were sentenced 8 months after the trail. We had very good lawyers and I have been told we were lucky to have the judge that we had.

I hope you have better luck then we did. It is scary that people can be convicted for an 11 minute conversation while high. I know plenty of people that have said "if i could rob a bank and get away with it I would" Yet none of them are in jail for conspiracy. As I said--my sons drove away and would not even answer the phone, yet they were convicted and I will probably be dead before they get out. This is how dumb the judge was " If you realized that you did not want to do th crime, you should have called the police to report that you had been asked to do it" What world does she live in?

Katcor5
05-20-2008, 03:33 PM
Also--the CI in my sons case keeps getting arrested. Many CI's make plenty of money. This one got paid, too. He also set others up for other things, too. Yet he is an x-felon and was caught with 2 kilos of cocaine-10 lbs of marijuana-a gun-shooting at a house-firebombing a house-Not all at the same time--Yet he is still out on the streets.

beverlysm
05-21-2008, 08:19 AM
Same here, Katcor5. The CI in this case was sleeping with the dea agent and he was giving her drugs he confiscated from others. I didn't make this up. He's been fired and is no longer in police work. However, my son's in jail and she's still around.

Shirl63_1998
06-08-2008, 07:05 PM
never take it to trial.l was looking at 20 years and l plead guilty and everyone knew l was innocent.Even when l was infront of the judge on sentencing day, she asked me if l new l was pleading guilty. l heard horror stories and l wasn't chancing 20 years being away from my family so l did what go me home the fastest. The dea go on someones sayso. You can't prove what you didn't know. Trust me on that one. l ended up doing 14 months out of a 18 month sentence. The US do have some laws that need to be changed. They even impounded my truck but then later released it back to my family because they knew l was innocent....they never give vehicles back!!

greyghost
06-08-2008, 07:52 PM
I can't tell you what to do. All I can say is similar to what others have stated. (1) In my experience I could look at a person's sentence and tell if they pled guilty or went to trial. Those that went to trial were put away for a very long time. Those that pled guilty served substancially less (comparatively speaking). (2) The Feds have an extremely high conviction rate for those that take their case to trial. A conviction rate of at least 95%, if not higher. And (3) I think that they should through out conspiracy cases. Either you do it or you don't. You should go to prison for thinking about something, or because it 'may' have been discussed in your pressence, etc... There is nothing about conspiracy charges that I have ever agreed with, nor do I think that I will ever agree with it. With that said, it's on the books and being used to send many people to prison.

I wish you the best.

GG

Ghost Dope
06-09-2008, 10:05 AM
Well said GG the conspiracy laws are there for convicting anyone associated. with the crime weather they did anything or not, I agree they are BS and corrupt and way unfair......But I dont think they (congress) will change anything its too easy for them to get a conviction....That being said If they would get rid of them MM They are the most unjust thing ive ever heard of and way to long..IMHO

Still
06-16-2008, 10:14 AM
With all of that being said, out of curiosity, when one has a long list of priors, and is 54 years of age, what could the difference be in going to trial and pleading? This is a situation we have been pondering.........not sure which way to go. Needless to say, the attorney wants him to plead. We are at the point in our lives that 20 years or life does not seem to make that big of a difference.

Butch Cassidy
06-16-2008, 01:43 PM
With all of that being said, out of curiosity, when one has a long list of priors, and is 54 years of age, what could the difference be in going to trial and pleading? This is a situation we have been pondering.........not sure which way to go. Needless to say, the attorney wants him to plead. We are at the point in our lives that 20 years or life does not seem to make that big of a difference.

Of course the attorney would like you to plead, that would make his life easier.:cool:
You have to do what is best for you.:idea:

My father was 58 and looking a 10 years, and he went to trial. I went to trial as well.

I have seen some people in my district win at trial. There are very few trials however, the majority are pleas. Our cases were high profile, and we were convicted by the media before we even went into the courtroom.:rolleyes:
Most trials are low profile which provides a greater chance of acquittal.

I was in with some guys(a doctor and a banker) who were innocent but chose to plead guilty in exchange for 2 years intead of going to trial and risking a sentence of 10 years.

I personally could not plead guilty to something that I didn't do, but that is my personal decision.

Dad and I are still fighting our cases via Post-Conviction Relief. Many people win their cases this in this manner although the opinions are usually unpublished.Good Luck!:thumbsup:

nestes
07-02-2008, 09:16 PM
My brother was convicted of trafficing he recieved a 10 year sentence in state, he has been in 3 years. Now 2 fed agents show up at the prison to see him, and they are fishing for something.. can they dump a conspiracy charge on him, should he start yelling for his lawyer, they haven't said they are charging him with anything. Any advise?

Butch Cassidy
07-02-2008, 09:55 PM
My brother was convicted of trafficing he recieved a 10 year sentence in state, he has been in 3 years. Now 2 fed agents show up at the prison to see him, and they are fishing for something.. can they dump a conspiracy charge on him, should he start yelling for his lawyer, they haven't said they are charging him with anything. Any advise?


Well, they weren't there to pay him a social visit.:D I'd tell him to lawyer-up before I said anything else to them.:thumbsup:

Still
07-02-2008, 10:33 PM
My fiance is going through something similar.............get a lawyer! Just so you know, lawyers that handle state charges charge much less than lawyers that handle federal charges.

imred4u
07-03-2008, 08:17 AM
I have a friend who went through something like this. His name was dropped in HALF OF A SENTENCE by some girl that had a major pain killer problem and he was convicted. The feds never found anything on him. NOTHING!! Just the fact that she had dropped his name in half of a sentence. Because it is so hard to win a federal case he plead guilty, he didn't want to do more time than he had to. I think the feds do that on purpose, they hand out so much more time if you try to fight it just to scare people!! They don't want you to go to trial. I would suggest getting a really good lawyer that is buddy buddy with the federal prosecutor in your area...that helped in my friends case.

Katcor5
07-07-2008, 02:24 PM
I would make sure that the lawyer does have experience in Federal Court, which can be much different then State.

As for conspiracy--that is what my children are in for. They were smoking a blunt with the CI and DEA agent (the DEA agent did not smoke) but the CI was the one that fired it up. It is an 11 minute conversation and now my sons are in jail each for over 10 years (one had no criminal history).

Conspricy charges are what many are in for now. The conviction rate at a federal level is 98%. It is ridiculous. There is no justice when they want to put certain people away. Just slap a conspiracy charge on them--have the Govt lie to a grand jury--then when it goes to trial (lieing to the grand jury does not matter because they can say that that is what they thought at the time)-they will not be heard by a jury of their peers--and since the conviction rate is 98% and many conspiracies carry a mand/min of ten years--you might as well kiss your loved ones good bye.

Laycee80
08-11-2008, 08:17 PM
my hunny is serving a 8 year sentence because of conspiracy...I had no idea how dirty the govt can play or how much power they have until we went through this...no prior arrests at all and 2 speeding tickets on his record...before all this I looked worse on paper than him (i have more than 2 speeding tickets :) ) the laywer flat out told us that he didnt think we would win at trail and they would throw the book at him for having the audacity to excersise his RIGHT to a trail by jury and after doing a little research I found out the govt doesnt loose many cases...hope for a good plea!!! I will pray for you The whole process took us over a year and he sat in a county jail for the entire time because he could be a flight risk and possibly violent...he ended up in a camp and didnt resist arrest or anything so violent and flight risk I never understood. again good luck and if you have the money get a good laywer it makes a difference...wish we could have

nestes
08-12-2008, 10:31 PM
How do I find a federal attorney in Kansas City, MO. The US Attorney wants my brother to sign papers and we need a lawyer to look them over. We dont trust anybody anymore. Is there anyway to actually find a good attorney? He's already in state prison, we dont need federal conspiracy charges.

Katcor5
08-14-2008, 07:45 AM
Google federal attys for that area-then google the atty to see if there is anything about them. I think it is important to make sure you get an atty that is very experienced in Federal Court. Also, there are good attys in the Federal Defender Program. We had a great atty with the program, she is now in private practice. We also had an atty from the program that was not experienced enough in federal court, so we had to hire a private atty, which cost us 30K. He was also an awesome atty, but they both are in the Chicago area. I wish you the best in your search. It is so important to make sure that you have a competent atty, unfortunately you cannot pick and choose the judge or jurists.

nestes
08-14-2008, 09:46 AM
It is so hard to pick a federal attorney, you dont want one out of the yellow pages with what they cost. besides he is already in state prison, the feds gave him some papers and told him to sign them and they wouldn't prosecute him for conspiracy, he doesnt want to sign them with out an attorney. Thanks for your advise.

Zelda50
08-14-2008, 09:50 AM
And he's right - he shouldn't sign them without an attorney!! You should call the federal defender's office in the locale where he is incarcerated and talk with them. A lot of times federal defenders will meet with someone and give advice before any charges are filed. I'm suggesting the locale where he's in state prison because they would be close to go and visit him but they may tell you to contact the federal defender's office where the AUSA is located, if it's different. I just don't know. Good luck!! Z.

IMISSMYSON&MAN
08-15-2008, 09:49 AM
Conspiracy charges are just a tool the DEA uses to get people who they don't have any reliable evidence on. If me and a friend got caught doing something and said that we had info on a major drug dealer we could get them brought up on conspiracy charges without there ever being any evidence or us even knowing this person personally. My boyfriend had a case just like this. He was never caught with any drugs. He was never seen with the people who were going to testify against him, but yet and still he is serving a 22 year sentence because they had 3 or 4 people willing to get on the witness stand to commit perjury in exchange for a lighter sentence.

Katcor5
08-16-2008, 05:50 PM
I could not agree with you more IMISS-I now have 2 sons in one for 133 mon other 188 mon. They were smoking a blunt and have an 11 min conversation with a CI and a DEA agent. The DEA agent told him that he was with the Mexican Mafia and he wanted to rob them of their drugs. My kids stupidly said let us know whats up. We can do it. (all this while high and bragging like young men do) Well on the day it was to be done my sons DID not meet them with anything prepared to do that type of crime-drove away --and were indicted 16 days later. The DEA agent and ATF lied to the grand jury (they are allowed to do that without worring about any repercussions). When at trial and they had to admit lying--it was to late. Three young mens life are now ruined and they were not judged by a jury of thier peers. 80% of the jurors had a relative, immediate family member or close friend that was a police officer. From what I have now learned-where my sons trial was, this is whom the jury is usually composed of. The jurors were from very upper class suburbs of Chicago and have no idea of what life is like outside of their sheltered world.

By the way-the type of crime is called a "home invasion" and the DEA and ATF do them all over the country. My son's were the only ones that they asked to do a home invasion and never tried to carry it out, nor did they bring any weapons nor equipment to do that type of crime. The really scary part is that because of the governments success in their prosecution and conviction, we have been told by attys, it may set a precedent in other cases. This means, also that they will be able to set up those that they want out of a community.

I am wondering if we should be calling the judicial branch of our govt-the KGB.

Good luck on any federal conspiracy charge. We lost on the 2 conspiracy charges they each had. By the way, during that 11 minute conversation, they asked how much cocaine and the agents reply was-"I don't know, it ranges from 5-10-15-20-30 keys. They ended up convicted on a drug conspiracy charge of the highest amount of drugs (there were no drugs-and they never even talked about what they would do with the drugs or anything) We did not use an entrappment defense as one of my son's had a record. The other consiracy charge was the HOME INVASION.

If anybody would like the names and street names of the agents or more details, please pm me. I would hate for anybody else to be set up like my kids were. The same crew do these set ups all over the country.

Both of these agents lied to the grand jury and on the stand of our trial. They were caught in the lies and had to admit they were lying, they were the ones that were conspirators, yet they are not in jail and get a weekly paycheck and pension from the government for conspiring against US citizens and tax payers. It makes me so mad that every time I get paid and taxes are taken out, I know that a % of that goes to them.

downup28311
11-14-2008, 11:36 AM
Expect people to lie, exaggerate and embellish. I've never heard of anyone not being found guilty when the charges included conspiracy. Most judges give much lighter sentences if you plead than if you're tried and found guilty. Personally I wouldn't take the chance of a trial. It's not like having a 50-50 chance as you would like to think. The government has almost unlimited funds, almost unlimited resources, almost unlimited experts, etc. to prosecute. What do you have? I have seen people who were not guilty be found guilty when they chose to be tried rather than plead. It may not be fair and probably isn't justice, but all you can hope for is mercy. Now is a good time to enter a plea because the republican prosecutors will be leaving and replaced with democrats shortly; so they're more apt to cut a deal.

robertegarrett
11-18-2008, 11:33 PM
Federal law and the federal rules of criminal procedure have a privision called Rule 35(b), which provides abililty of the federal prosecutors to recommend a substantially reduced sentence, usually 40-60%, for "substantial cooperation" of a defendant that leads to the arrest or conviction of another. A Rule 35 motion is often made at time of sentencing, but can be up to a year thereafter. So that leads to a huge incentive for supplying information, accurate or inaccurate, to prosecutors about actions of others, in order to secure a reduced sentence. It is used all the time in alleged conspiracy cases in order to trace the path to alleged "higher ups."
A prosecutor cannot promise a Rule 35 recommendation will be granted prior to sentencing, as it is up to the judge whether or not to accept the prosecutor recommendation, but if the gvt recommends, the court will almost always grant it.
Lots of incentive here to allege conspiracy. Its the way the system works.