Indiana Federal Drug Charges Lawyer Indianapolis Criminal Defense Attorney Josiah Swinney

Facing federal drug charges in Indiana can be an overwhelming and frightening experience. The federal justice system is complex, and the consequences of a conviction can be life-altering, including lengthy prison sentences, hefty fines, and a permanent criminal record. If you or a loved one is charged with a federal drug offense, you need an experienced and dedicated criminal defense attorney to protect your rights and fight for your future.

Josiah Swinney, a seasoned Indiana criminal defense attorney, can help defend you against Federal drug charges, including drug trafficking, possession, conspiracy, and more. With a deep understanding of federal drug laws and a proven track record of success in the Indiana Courts, Josiah Swinney is committed to providing personalized, aggressive defense strategies tailored to your case. Contact Josiah Swinney today to discuss your case and learn how he can help you navigate the federal legal system.

About Josiah Swinney – Your Trusted Indiana Defense Attorney

Josiah Swinney is a highly skilled criminal defense attorney based in Indiana, with extensive experience defending clients against drug charges. Known for his meticulous approach and unwavering dedication, Josiah has successfully represented clients in complex drug-related cases, including those involving methamphetamine, cocaine, heroin, fentanyl, and marijuana. His deep knowledge of federal drug laws, combined with his ability to challenge prosecutorial evidence, makes him a trusted advocate for those facing serious drug charges.

Josiah Swinney understands the stakes involved in federal drug cases. Federal prosecutors are known for their aggressive tactics and strong evidence, but Josiah is equally relentless in defending his clients. Whether you’re facing charges for drug distribution, possession with intent to distribute, or conspiracy, Josiah Swinney will work tirelessly to build a robust defense and pursue the best possible outcome for your case.

Understanding Federal Drug Charges in Indiana

Federal drug charges are among the most serious criminal offenses in the United States. Unlike state-level drug charges, federal cases are prosecuted by the U.S. Attorney’s Office and often involve significant resources, including the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), and other federal agencies. Federal drug charges typically arise when the alleged offense crosses state lines, involves large quantities of controlled substances, or is part of a broader criminal enterprise.

Below is an overview of common federal drug charges under Title 21 of the United States Code, along with their potential penalties:

1. 21 USC § 841(a)(1) – Distribution, Manufacturing, or Possession with Intent to Distribute

This is one of the most common federal drug charges, encompassing activities such as selling, manufacturing, or possessing controlled substances with the intent to distribute. Penalties vary based on the type and quantity of the drug involved:

• General Penalty: Up to 20 years in prison.
• Five-Year Mandatory Minimum (21 USC § 841(b)(1)(B)): Applies to cases involving:
  • 5 grams or more of actual methamphetamine
  • 28 grams or more of crack cocaine
  • 50 grams or more of a mixture containing methamphetamine
  • 40 grams or more of fentanyl
  • 100 grams or more of heroin
  • 10 grams or more of PCP
  • 500 grams or more of cocaine
  • 1 gram or more of LSD
  • 100 kilograms or more of marijuana (or 100+ plants)

  Maximum penalty: 40 years.

• Ten-Year Mandatory Minimum (21 USC § 841(b)(1)(A)): Applies to cases involving:
  • 50 grams or more of actual methamphetamine
  • 280 grams or more of crack cocaine
  • 500 grams or more of a mixture containing methamphetamine
  • 400 grams or more of fentanyl
  • 1 kilogram or more of heroin
  • 100 grams or more of PCP
  • 5 kilograms or more of cocaine
  • 10 grams or more of LSD
  • 1,000 kilograms or more of marijuana (or 1,000+ plants)

  Maximum penalty: Life imprisonment.

• Enhanced Penalties: Penalties increase if the defendant has prior felony drug convictions or is classified as a career offender (two or more felony drug offenses or crimes of violence).
• Death or Serious Injury: A 20-year mandatory minimum applies if the drug use results in death or serious bodily injury.

2. 21 USC § 846 – Conspiracy or Attempt

Conspiracy charges are common in federal drug cases and carry the same penalties as the underlying distribution offense. Prosecutors often use conspiracy charges to target individuals involved in drug trafficking networks, even if they did not directly handle the drugs.

3. 21 USC § 844 – Simple Possession

Simple possession is typically a misdemeanor with a maximum penalty of one year in prison. However, penalties can escalate to felony-level charges with higher sentences if the defendant has prior drug convictions or large quantities.

4. 21 USC § 848 – Continuing Criminal Enterprise (CCE)

Also known as the “Drug Kingpin Statute,” this charge targets leaders of large-scale drug trafficking organizations. Penalties include a mandatory minimum of 20 years and a maximum of life imprisonment. In rare cases, mandatory life or the death penalty may apply.

5. 21 USC § 856 – Maintaining a Drug-Involved Premises

Known as the “Crack House Statute,” this charge applies to individuals who knowingly maintain a property for drug manufacturing, use, or distribution. The maximum penalty is 20 years in prison.

6. 21 USC § 843(b) – Use of a Communication Facility

This charge applies to the use of phones, the internet, or other communication tools to facilitate drug transactions. Each violation carries a maximum penalty of four years.

7. 18 USC § 1952 – Interstate Travel in Aid of Racketeering (Travel Act)

This charge applies to individuals who travel across state lines or use interstate commerce (e.g., mail, telephone, internet) to facilitate drug trafficking. The maximum penalty is five years.

Impact of the First Step Act

The First Step Act, enacted in 2018, introduced significant sentencing reforms for federal drug offenses. Notably, it reduced the mandatory life sentence for a third drug offense under 21 U.S.C. §§ 841/851 (previously known as the “three-strikes rule”) to a mandatory minimum of 25 years. This reform provides some relief for defendants facing severe penalties, but the stakes remain high, making experienced legal representation critical.

Defense Strategies for Federal Drug Charges

Federal drug charges are prosecuted aggressively, but an experienced defense attorney like Josiah Swinney can challenge the prosecution’s case and protect your rights. Below are some common defense strategies used in federal drug cases:

Challenging Constructive Possession

Many federal drug charges rely on the theory of constructive possession, where prosecutors argue that the defendant had control over drugs found in a shared space, such as a home or vehicle, even if the drugs were not physically on their person. For example, in United States v. Katz, 582 F.3d 749, 753-754 (7th Cir. 2009), the court held that a jury may infer possession based on the defendant’s relationship with the premises and objects within it. However, this inference is not automatic, and a skilled attorney can challenge it by presenting evidence such as:

• Multiple people had access to the location where the drugs were found.
• The defendant was not present at the time the drugs were discovered.
• Another individual may have planted the drugs to frame the defendant.
• The container or area where the drugs were found does not belong to the defendant.

Josiah Swinney has extensive experience dismantling constructive possession arguments, helping clients avoid wrongful convictions.

Proving Innocence in Drug Dealing Cases

Many individuals charged with drug dealing are innocent or were merely users, not distributors. Josiah Swinney is adept at presenting evidence to juries that highlights reasonable doubt, such as:

• Lack of direct evidence linking the defendant to drug transactions.
• Absence of drug paraphernalia associated with distribution (e.g., scales, baggies).
• Testimony or evidence showing the drugs belonged to someone else.

Challenging the Evidence

Federal prosecutors often rely on evidence obtained through searches, wiretaps, or informants. Josiah Swinney meticulously reviews the prosecution’s evidence to identify violations of your constitutional rights, such as:

• Illegal searches and seizures in violation of the Fourth Amendment.
• Unreliable or coerced informant testimony.
• Improperly obtained wiretap evidence.

If evidence was obtained unlawfully, Josiah can file motions to suppress it, potentially weakening or dismissing the case.

Negotiating Plea Agreements

In some cases, going to trial may not be the best option. Josiah Swinney is skilled at negotiating plea agreements with federal prosecutors to reduce charges or penalties, especially for first-time offenders or those with minimal involvement in the alleged offense.

Leveraging the First Step Act

For clients facing sentencing, Josiah Swinney can advocate for reduced penalties under the First Step Act, ensuring that the court considers all available sentencing reforms and mitigating factors.

Contact Josiah Swinney for Your Federal Drug Charge Defense

If you’re facing federal drug charges in Indiana, time is of the essence. The sooner you contact an experienced criminal defense attorney, the better your chances of building a strong defense. Josiah Swinney is ready to listen to your story, review the evidence, and develop a defense strategy tailored to your case.

Why Choose Josiah Swinney?

• Proven experience in federal drug charge defense.
• Deep knowledge of federal drug laws and sentencing guidelines.
• Personalized, client-focused representation.
• Aggressive advocacy in negotiations and at trial.

Don’t let federal drug charges define your future. Contact Josiah Swinney today for a confidential consultation. Call [Insert Phone Number] or email [Insert Email Address] to schedule an appointment.