What is Drug Trafficking?
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. The notion of 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.
Drug Trafficking and Permissible Possession
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 in nature and produced as a result of chemical processing and creation:
A controlled substance is a drug or substance that is considered to be legal in the event that it is possessed by individuals legally prescribed or allowed its use. Controlled substances include pharmaceuticals, taxed items, 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 by the officiating government of that country or nation.
Drug Trafficking vs. Drug Sales
Drug Sales are classified as the act of selling and/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.
Drug Trafficking Associated Terms
The following are terms common within the mention, investigation, and establishment of a Drug Trafficking charge:
School Zone: An area in which a school or educational facility resides within three miles. Penalties associated with drug possession or Drug Trafficking are exponentially increased in the event that the offense takes place within a school zone.
Corruption of a Minor: The exploitation or manipulation of a child or minor as a result of lewd, elicit, or corrupting activities.
Intent to Distribute: In the event that the amount of drugs discovered exceeds the parameters of ‘possession’, the individual is assumed to have the intent to sell or distribute the drugs in question due to the sheer volume in possession.
Drug Possession: The illegal holding or ownership of illegal drugs or unlawfully-possessed controlled substances on an individual’s person.
Being Arrested for Drug Trafficking Charges
In the event that an individual is served the appropriate documentation placing them under arrest for the alleged participation in Drug Trafficking, they are encouraged to abide by all applicable protocol and procedure set forth by the arresting officer(s). Individuals accused of and subsequently arrested for Drug Trafficking charges are entitled the same rights expressed in the Constitution of the United States. These rights include:
The presumption of innocence until proven guilty, notwithstanding a guilty plea
The adherence with basic human rights, preventing any undue stress, torment, torture, or harm being inflicted upon any suspect in police custody
The provision of an attorney in the event that the Drug Trafficking suspect in question cannot afford a legal representation
The right to remain silent in order to avoid self-incrimination. This is expressed in the Fifth Amendment of the Bill of Rights
The right to be brought to trial and appear before a jury of one’s peers in order to determine fault and liability in a Drug Trafficking case.
Drug Trafficking Legal Assistance
The procedures and legislation implicit in the process of the investigation and lawsuit with regard to a Drug Trafficking charge can fluctuate on an individual, case-by-case basis. Elements examined in the determination of the validity and legality of a Drug Trafficking charge exist in conjunction with preexisting factors, which include the biographical information of the suspect, pertinent case details with regard to the victims, and the examination of any past criminal records and/or history belonging to a suspect charged with committing Drug Trafficking.
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 an attorney specializing in the field of Drug Trafficking, in additional to trial law, criminal law, drug possession, and defense.