Drug Trafficking Defense Lawyer in Boise, ID
State or federal courts can handle drug trafficking charges, and the penalties range from 1 year to decades. The offense includes the illegal sale, transporting, and distributing a controlled substance. However, the law is somewhat misleading as Drug Trafficking Charges do not actually require someone to “manufacture, deliver, or bring into the state” as the term “Trafficking” implies. Instead, to be charged with Drug Trafficking, one only need to be found in unlawful possession of certain amounts of drugs or controlled substances.
This may include street drugs that are well known or prescription drugs that have been obtained unlawfully. Aaron Hooper, is a Boise drug crime lawyer who is well versed in handling trafficking charges. It is important that you quickly act if you have been arrested or accused of such crimes.
The penalties for Trafficking are heavy, but differ depending on the amount and type of sentence. A conviction will result in a felony and carry a mandatory minimum sentence as outlined below. Contact Aaron Hooper, a drug trafficking defense lawyer in Boise, Idaho to discuss your legal options if facing these charges.
Trafficking Marijuana
A person who knowingly manufacturers, delivers, or brings marijuana into the state, or in possession whether actual or constructive of one pound or more or 25 marijuana plants or more, is going to be charged with “trafficking in marijuana”.
If the marijuana is less than five pounds but more than one pound, or less than fifty plants but more than twenty-five plants, regardless of the weight or size of plants, the mandatory minimum sentence of 1 year in prison and a fine of not less than $5,000.
If the quantity is 5 pounds or more, but less than 25 pounds or the plants are fewer than one hundred but more than fifty plants, regardless of weight or size, a person is going to get a mandatory minimum prison sentence of at least three years and a fine of not less than $10,000.
If the quantity is 25 pounds or more or has more than one hundred plants of marijuana, regardless of weight or size of the plant, the mandatory minimum sentence of at least 5 years, and a fine of not less than $15,000.
15 years is the maximum number of years for trafficking marijuana, and the maximum fine for these cases is $50,000. What this means if convicted, a person can expect to serve the minimum number of years above, but they might have to face more than that, but they cannot get a prison sentence of over fifteen years.
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Trafficking Amphetamine or Methamphetamine
If a person is found to have knowingly manufactured or attempted to manufacturer amphetamine and/or methamphetamine, they become guilty for a felony called “trafficking in amphetamine and/or methamphetamine by manufacturing.”
If a person is found guilty of trafficking in amphetamine and/or methamphetamine by attempting the manufacture, then they face a mandatory minimum prison sentence of 2 years. The term does not exceed fifteen years in prison and fined not less than $10,000.
If a person is found guilty in a charge involving the trafficking amphetamine and/or methamphetamine by manufacturing, they are going to face a mandatory minimum prison sentence of 5 years, and the maximum sentence they can get is life imprisonment, and face a fine of not less than $25,000. The maximum prison sentence if found guilty for trafficking amphetamine and/or methamphetamine by manufacturing carries a life prison sentence, and a maximum fine of $100,000.
If a person is found guilty of delivering or bringing in amphetamine and/or methamphetamine into the state, or if in possession whether actual or constructive, and the amphetamine or methamphetamine is 28g or more, then the punishments will be as follows:
If the quantity of the amphetamine or methamphetamine is less than 200 hundred grams but more than 28 grams, then the person is going to face a mandatory minimum prison sentence of 3 years and a fine of not less than $10,000.
If the quantity of amphetamine or methamphetamine is less than 400 grams but more than 200 grams, then the person is going to get a mandatory prison sentence term of 5 years, and the fine will be not less than $15,000
If the quantity of amphetamine or methamphetamine is more than 400 grams, the person is going to face a mandatory minimum sentence of 10 years and a fine of not less than $25,000.
Trafficking amphetamine or methamphetamine carries a maximum prison sentence of life imprisonment, and the maximum fine is $100,000.
If a person is found to have knowingly manufactured, delivered, or brought in to the state, and in possession, whether actual or constructive, of the following quantities of any of the following and any of the immediate precursors of amphetamine (namely methylamine, ephedrine, phenylacetic acid, methyl formamide, pseudoephedrine, and phenylacetone), or a mixture, or compound of preparation that contains a detectable amount of the substance. This falls under a felony, and the crime is referred to as “trafficking in an immediate precursor of amphetamine or methamphetamine.”
If the found quantity of:
- Methylamine is a half a pint or more;
- Ephedrine is 500 grams or more;
- Methyl formamide is a quarter a pint or more;
- Phenylacetone is four hundred grams or more;
- Phenylacetic acid is 500 grams or more;
- Pseudoephedrine is 500 grams or more;
The person is going to face a mandatory minimum prison sentence of 10 years, and face a fine of not less than $25,000. If a person is found guilty for the trafficking in immediate precursors of amphetamine or methamphetamine, they face a maximum life sentence in prison for the quantities that have been specified above, and they also face a maximum fine of $100,000.
If amphetamine or methamphetamine found is 25g or more, but it is less than five hundred grams then the person is going to face, the person can face a prison sentence of up to ten years, and fined not more than $25,000.
Trafficking in Heroin
If a person is found to have knowingly manufactured, delivered, or brought into the state, or in possession whether actual or constructive, of 2 grams or more of heroin or any isomer, salt, or salt of an isomer, or 2g or more of a mixture or substance that contains a detectable amount of heroin, is known as “trafficking in heroin.”
If the heroin involved is 2 grams or more, but less than 7 grams, a person is going to get a mandatory minimum sentence of three years in prison, and also face a fine of not less than $10,000.
If the heroine involved is 7 grams or more, but not more than 28 grams , then the person is going to get a mandatory minimum prison sentence of three years, and face a fine of not less than $15,000.
If a person is found in possession of 28 grams of heroin or more, the person is going to face a mandatory minimum prison sentence of 15 years, and face a fine of not less than $25,000.
Trafficking in heroin carries a maximum life imprisonment sentence, and the maximum fine if found guilty is $100,000. If a person has been convicted for the above charge, they are going to serve their minimum number of years in prison stated above, and they can also serve more than the minimum up to the maximum of life imprisonment.
What Are The Charges For a Second Trafficking Charge In Idaho?
If a person faces a second conviction for a trafficking offense, then they are going to face double the mandatory minimum fixed term of the first conviction (the ones listed above). If the charge has a mandatory minimum sentence of five years, the mandatory minimum sentence becomes ten years.
Can the Mandatory Minimum be Altered by the Court?
The courts cannot alter the mandatory minimums. If a person has been found guilty of violating the trafficking laws, the sentence cannot be deferred, suspended, or withheld. The person cannot be eligible for parole until they have served the mandatory minimum sentence of the charge. The court will not retain jurisdiction. In simple terms, the prison time that has been defined in the mandatory minimum cases has to be served by the person.
Contacting Aaron Hooper as your Drug Trafficking Defense Lawyer in Boise ID
A drug tracking charge is a serious felony that comes with a minimum mandatory prison term, and when you come to him for help you with your case, he is an experienced criminal defense attorney in Boise, you will have peace of mind knowing that your case is handled by experienced attorneys. He is going to defend you against the drug trafficking charges or charges related to drug delivery or manufacturing.
These charges can be possession or conspiracy to distribute marijuana, heroin, crystal meth, cocaine, or any other controlled substances with the intention of distributing and selling a controlled substance. Depending on the specifics of the case, we are going to give it our best when it comes to suppressing the evidence that was obtained through illogical search and seizure.
In most of the cases we handle, we usually advise our clients to consider taking a plea bargain so they can face a lesser charge like simple possession or even possession with intent to deliver. If the charge a person is facing is for cooking meth, then they will be looking at a charge that carries a sentence of many years in prison, but if they were to take a plea bargain, they can be charged with the possession with the intent to deliver, which is a charge that comes with a smaller sentence, or even RIDER (Retained Jurisdiction) or probation. With a plea bargain, it might involve negotiations that can lower it from spending time in prison into drug rehabilitation.
If you need a free initial consultation to get your case started, just contact us. We are available to answer your questions. We have a team of dedicated staff who will be there ready to help you with your case. Aaron Hooper takes pride in providing his clients with responsive and attentive client service.