Trafficking

When you think of gun trafficking charges, you generally think of hit TV shows like The Sons of Anarchy. On the show, the bikers formed an uneasy alliance with the Irish Republican Army who manufactured guns for sale on American streets. The bikers made alliances with the cartel and were generally a mass distributor of weapons to criminal organizations. In other words, they dealt in quantity. While gun trafficking like this does occur, it is much more likely that weapons trafficking charges will take on a more modest form.

In one local case, four men were charged with the illegal sale of weapons on the streets to individual buyers. The guns were purchased at gun shows around the country, distributed to a St. Louis defendant who moved the guns into Chicago, where they were distributed to a street-level dealer who sold the guns on the black market. All of this is outside the regulatory framework of gun sales. That makes it illegal. However, it is much easier to pull off a scheme like this than it is to be responsible for managing international distribution over the ocean. Hence, it is much more common to see weapons trafficking charges take this form rather than criminal organizations acting as logistics to gun manufacturers.

From the Street Level Up

The hit Netflix show “Orange is the New Black” is loosely based on the real-life story of Piper Kerman, who was charged with drug smuggling, money laundering and criminal conspiracy to import heroin. Kerman was sentenced by a Chicago federal judge to 15 months in a federal women’s prison.

Chicago Drug Conspiracy Crimes

In Illinois drug conspiracy is defined as two or more people conspiring to distribute, possess or deliver a controlled substance. In addition, the conspirators must earn more than $500.

Tacking on a conspiracy charge to any underlying criminal charge increases the severity of the case, especially when the underlying charge is for a drug crime. For example, a conviction for possession with intent to distribute cocaine carries the possibility of 4 to 50 years in prison, depending on the amount intended for distribution. Tack on a conviction for drug conspiracy, which is a Class X felony, and you are facing a possible sentence of up to 60 years in prison, without the possibility of parole. All because you conspired with one or more people to distribute.

A drug conspiracy charge requires an aggressive defense. At minimum, the Law Offices of David L. Freidberg, P.C., will work to have the conspiracy charge dismissed, or gain an outright acquittal. To build a successful defense against a Chicago drug conspiracy charge, a skilled criminal defense attorney and a team of forensic experts will examine:

Statements made by co-conspirators incriminating you in the alleged conspiracy;
Whether co-conspirators were given immunity or promised reduced charges or sentences in exchange for their testimony;
Whether there was an actual co-conspirator, or was the other person (or persons) an undercover officer or a police informant;
Whether you ever did anything, by word or action, to renounce participation in the alleged conspiracy before the underlying drug crimes were committed;
Whether the prosecution can prove that you were actively involved in the conspiracy, and not merely aware of the details;
Whether any of the alleged co-conspirators’ statements were obtained in violation of the Miranda warnings;
Whether any evidence supporting the alleged conspiracy was illegally obtained; and
Whether the alleged conspiracy was actually formulated enough to allow the underlying drug crime to take place.

If a review of the evidence shows that it will be difficult to obtain an outright acquittal on the drug conspiracy charge, an attorney will work with the prosecution to enter into a plea agreement or to have the drug conspiracy charge dismissed in exchange for your cooperation. Negotiations with the prosecution to obtain leniency may include:

Your promise to testify against other co-conspirators;
Providing the prosecution with details pertaining to commission of the underlying crime, if it has not yet been committed;
Telling the prosecution the location of physical evidence that will strengthen their case against the co-conspirators; and
Providing the prosecution with the names of other co-conspirators whom the police have not yet discovered.

Articles Tagged with Trafficking

Four Men Charged With Trafficking Guns From St. Louis to Chicago

Conspiracy to Commit Chicago Drug Crimes Result in Harsher Penalties