A drug crime is any crime that may be committed under state or federal laws involving the transportation, distribution or possession of a controlled substance meaning a substance that is regulated or prohibited by the government. This includes illegal narcotics including cocaine, heroin, methamphetamine or marijuana and/or prescription drugs such as Oxycodone or Xanax.
Federal narcotic offenses are primarily prosecuted as conspiracy cases typically brought about through the use of federal surveillance techniques, undercover officers, cooperating individuals, search warrants, consensual monitored conversations and telephone wiretaps. People observed in contact with the target defendant and/or intercepted on a telephone call are then determined to be co-conspirators resulting in their inclusion as a defendant in a federal narcotics conspiracy indictment.
Federal narcotic cases are particularly serious given the application of mandatory minimum sentences. These mandatory minimums are usually determined by the quantity of drugs involved in the conspiracy as well as a particular defendant’s prior criminal history. Such mandatory minimums typically range from five years to life with the intervening minimum time being ten or twenty year minimums. Unknown to most people is the fact that a co-conspirator can be held responsible for all of the drugs distributed by all members of the conspiracy. By way of example, a defendant who sells gram quantities of narcotics can be held responsible for kilogram quantities given the amount of drugs distributed by all members of the conspiracy.
State narcotic offenses also involve transportation, distribution and possession. Typically state court prosecutions do not involve conspiracy charges. Nonetheless, state sentences can be severe thus requiring an attorney highly experienced in search and seizure law and trial work.
Mr. Bakman’s experience has involved both state and federal prosecutions ranging from “personal use” possession state cases to the defense of complex federal narcotic conspiracy and Rico prosecutions involving fifty plus defendants and thousands of kilograms of illicit substances including cocaine, heroin and methamphetamine. Mr. Bakman has the ability and experience to examine and analyze any and all search and seizure issues including the probable cause utilized to obtain wiretap intercept orders so as to determine any and all legal defenses to the charges.
In addition to determining legal defenses, Mr. Bakman’s extensive jury trial experience allows him to determine factual defenses to the charges based upon the defendant’s role in the offense and the identification and weaknesses of those co-conspirators who ultimately become co-operators or “snitches” for the government thus requiring the type of highly aggressive and devastating cross-examination techniques Mr. Bakman is known for.