A federal drug charge is fundamentally different from a state case. Federal investigations are often built over months by agencies like the DEA with wiretaps, informants, and controlled buys already in place before an arrest is made. These cases are governed by the U.S. Sentencing Guidelines and mandatory minimum statutes that can dramatically increase exposure.
If you are under investigation or have been charged, early intervention matters. Amanda Hernandez Law, PLLC, provides strategic federal criminal defense representation focused on challenging the government’s case and protecting your future.
Why Choose Us at Amanda Hernandez Law, PLLC, to Fight for You?
With over a decade of criminal defense, including representation in federal court, Amanda Hernandez Law, PLLC, brings a trial-focused approach to every case. She is regularly brought in as trial counsel in serious felony matters and has extensive experience analyzing federal sentencing exposure under the U.S. Sentencing Guidelines, including safety valve eligibility and enhancement risks. From the outset, the defense is built with trial in mind, not just negotiation. When your freedom is at stake, our lawyer takes aggressive, strategic action from day one:
- Conducting a thorough investigation of the government’s evidence
- Identifying suppression issues involving searches, seizures, and surveillance
- Filing motions to suppress improperly obtained evidence
- Negotiating with federal prosecutors for reduced charges or sentencing alternatives
- Preparing every case as if it will go to trial
Potential Penalties for Federal Drug Crimes
Federal sentencing is guided by the United States Sentencing Guidelines and mandatory minimum statutes, which can significantly limit a judge’s discretion in certain cases. Under 21 U.S.C. § 841, penalties are tied directly to the type and quantity of controlled substance involved:
- Mandatory Minimums: Certain drug quantities trigger fixed prison terms that a judge cannot reduce, starting at five or ten years.
- Maximum Penalties: The most serious federal drug offenses carry potential life sentences, particularly for large-scale trafficking operations.
- Asset Forfeiture: The government can seize cash, vehicles, real estate, and other property believed to be connected to drug activity.
In some cases, prior convictions can trigger enhanced penalties under 21 U.S.C. § 851, dramatically increasing mandatory minimum exposure. In others, eligibility for “safety valve” relief may allow a sentence below the statutory minimum.
Factors That Affect Sentencing
No two federal drug cases look exactly alike, and the outcome of yours will depend on a range of specific circumstances. Judges weigh several elements before determining a sentence:
- The type and amount of the controlled substance
- Prior criminal history and past convictions
- Whether a firearm was involved in the offense
- Your role in the alleged operation
- Cooperation with law enforcement, if any
- Whether the government files an enhancement under 21 U.S.C. § 851
- Whether you qualify for “safety valve” relief
Potential Defenses for Federal Drug Crimes
Every federal drug case has details that deserve close examination, and weaknesses in the prosecution’s argument are often hiding in plain sight. A strong defense strategy may include one or more of the following approaches:
- Challenging unlawful searches, seizures, or wiretaps by federal agents
- Exposing issues with confidential informants or cooperating witnesses
- Contesting the scope of the alleged conspiracy or relevant conduct
- Showing entrapment by a government actor
Contact Our Federal Drug Crime Lawyer in San Antonio Now
If you have been contacted by federal agents, arrested, or learned that you are the target of a drug investigation - time is not on your side. Early representation can make a critical difference in federal cases, sometimes before charges are ever filed.
Call us at Amanda Hernandez Law, PLLC, at 210-369-4040 or contact us online to schedule a consultation with our federal drug crime lawyer in San Antonio. We can develop a defense strategy tailored to the specific facts of your case and protect your future at every stage.