Memphis Drug Trafficking Lawyer
What Is Drug Trafficking?
Drug trafficking is the illegal transportation of drugs across state lines, either by plane, train, automobile, or boat. Trafficking is a serious federal offense and is punishable by lengthy prison sentences, fines, and the forfeiture of all property. In addition to the federal penalties, trafficking can also lead to state charges and even more severe penalties.
In real cases, trafficking charges do not always involve large, international shipments. A person can be accused of trafficking based on the amount of a controlled substance, the way it is packaged, or the presence of items such as scales, cash, and multiple cell phones. In and around Memphis, investigations often begin with a traffic stop on I-40, U.S. 51, or other major routes, and a case that starts as a simple stop for speeding can quickly turn into a felony trafficking investigation if law enforcement claims to find drugs in the vehicle.
Law enforcement agencies may also use confidential informants, controlled buys, surveillance, and wiretaps in trafficking investigations. Understanding how these tools are used — and where officers may have crossed the line — allows us to examine whether the government violated your constitutional rights. When we review a trafficking case, we look closely at how officers obtained consent to search, whether there was a valid warrant, and whether the stop or detention lasted longer than the law allows.
If you have been arrested for drug trafficking, you need to contact an experienced Memphis drug trafficking lawyer from Francavilla Law Firm as soon as possible. Our firm can help you fight the charges against you and protect your rights.
Schedule your free initial consultation by calling (901) 979-9992or filling out our online form.
Why Choose Francavilla Law Firm for Drug Trafficking Charges in Memphis
Selecting the right legal team is one of the most important decisions you will make after a trafficking arrest. At Francavilla Law Firm, we draw on more than 25 years of criminal law experience in the Memphis area to evaluate complex drug cases and guide clients through an unfamiliar system. We know that behind every file is a person whose family, job, and future are on the line, and we approach each case with that reality in mind.
Our approach is hands-on and personal from the beginning. When you contact us about felony drug allegations, including trafficking charges, we take the time to hear your side of the story and explain what the process will likely look like in Shelby County Criminal Court or federal court in downtown Memphis. We keep clients updated as their case progresses, answer questions directly, and make ourselves available to discuss concerns as they arise. This one-on-one communication helps reduce uncertainty and allows us to tailor a defense strategy to the specific facts of your situation rather than treating it like every other case.
We also bring a broad background in criminal defense, including training in areas such as DWI detection and field sobriety testing, which helps us understand how officers are trained to observe and document behavior during stops. That insight can be valuable in drug trafficking investigations that begin with a vehicle stop or roadside encounter. By combining detailed case analysis, local courtroom experience, and a commitment to individualized representation, we work to protect our clients’ rights and pursue the best outcome that the facts and law will support.
What Is the Punishment for Drug Trafficking?
Drug trafficking charges can be brought under either federal or state law. The penalties for the trafficking of Schedule I drugs, including heroin, cocaine, and methamphetamine, are the harshest. These penalties are outlined in federal statutes, and they include:
- First-time offense — not less than 5 years and not more than 20 years in prison and a fine of not less than $250,000;
- Second-time offense — not less than 10 years and not more than life in prison and a fine of not less than $500,000;
- Third-time offense — life in prison.
Federal Penalties
In practice, the punishment you face in a Memphis drug trafficking case depends on more than just the statute. Federal judges consider the United States Sentencing Guidelines, which take into account the quantity of the drug, your criminal history, the presence of any firearms, and whether the alleged offense involved a protected location such as a school or public housing. Enhancements can quickly increase a potential sentence, so part of our role is to challenge the government’s calculation of drug weight and to contest any enhancements that are not supported by reliable evidence.
State Penalties
When a trafficking case remains in state court, Tennessee law gives prosecutors and judges some discretion to reduce or increase exposure based on the facts. For example, participation in treatment, cooperation in appropriate circumstances, or proof that you played a minor role in the alleged operation can sometimes influence the outcome. We analyze whether a client may be eligible for alternative sentencing options, diversion programs, or negotiated resolutions that reduce the risk of the longest available prison terms while still protecting long-term interests such as employment and immigration status.
How Does the Federal Government Prosecute Drug Crimes?
The federal government can charge drug crimes in two ways: either under the federal statute or under the federal conspiracy statute. The federal statute makes it illegal to knowingly and intentionally distribute, manufacture, or possess with the intent to distribute a controlled substance.
Under the federal conspiracy statute, it is illegal to enter into an agreement with another person to commit a federal drug crime. The penalties for federal drug crimes are set forth in federal statutes. The penalties for a first offense of a conspiracy to distribute or possess with the intent to distribute a controlled substance are:
- Not more than 5 years in prison and a fine of not more than $250,000;
- Not more than 20 years in prison and a fine of not more than $1,000,000 for a second offense;
- Not less than 20 years in prison and a fine of not less than $1,000,000 for a third offense.
The penalties for a first offense of actual distribution of a controlled substance are:
- Not more than 20 years in prison and a fine of not more than $1,000,000;
- Not less than 20 years in prison and a fine of not less than $1,000,000 for a second offense;
- Life in prison and a fine of not less than $4,000,000 for a third offense.
Many people are surprised to learn that in a federal conspiracy case, the government does not have to prove that a person personally handled drugs. Instead, prosecutors try to show that the person joined an agreement to commit a drug offense and that someone in the group took a step to further that plan. In Memphis, these cases might arise from long-term investigations by agencies such as the DEA or FBI working with local task forces. Phone records, text messages, and financial documents are often used to connect individuals to a broader alleged operation, so it is important to scrutinize whether those connections are as strong as the indictment suggests.
We also pay close attention to how evidence was obtained in a federal investigation. Wiretaps, GPS tracking, and extensive surveillance must comply with strict legal requirements. If agents failed to obtain proper authorization, exceeded the scope of a warrant, or relied on unreliable informant information, a federal judge may exclude critical evidence. By carefully reviewing discovery and filing appropriate motions, we work to limit the government’s case and create opportunities to negotiate or contest the charges at trial.
How Does Tennessee Define Drug Trafficking?
Tennessee law defines drug trafficking as the unlawful importation, exportation, manufacture, sale, delivery, or transportation of a controlled substance. The penalties for drug trafficking are determined by the type and amount of drug involved in the offense. For example, trafficking of a Schedule I drug is a Class B felony and is punishable by 15-60 years in prison and a fine of up to $100,000. Trafficking of a Schedule II drug is a Class C felony and is punishable by up to 12 years in prison and a fine of up to $25,000.
In state court, trafficking charges can arise from very different situations, from alleged street-level sales in Memphis neighborhoods to larger operations moving drugs between counties. The law does not treat every case the same, so we look at whether the evidence truly supports each element of the offense. For example, if officers claim that a person was transporting drugs through Shelby County, we investigate whether they can prove who owned the vehicle, who had access to the area where the drugs were found, and whether anyone else could have placed the substances there. Questions like these can be central to building a defense.
We also consider how search and seizure rules apply under Tennessee law. If officers stopped a vehicle without a proper basis, extended a stop without reasonable suspicion, or searched a home without a valid warrant or consent, the court may suppress the evidence. Because drug trafficking cases often depend heavily on the physical evidence seized, successful suppression can drastically change the strength of the prosecution’s case. When we defend clients accused of trafficking under Tennessee statutes, we focus on both the legal definitions and the real-world circumstances that led to the arrest.
What Is the Process for a Drug Trafficking Charge in Memphis?
When someone is charged with drug trafficking in Memphis, the legal process can move quickly and feel overwhelming. Understanding the general steps helps you know what to expect and how a drug trafficking attorney in Memphis can guide you. While every case is different, most follow a similar path from arrest through resolution, whether that involves a plea agreement or a trial.
After an arrest by the Memphis Police Department, Shelby County Sheriff’s Office, or a federal task force, the first major step is an initial appearance or arraignment. At this hearing, the charges are formally presented, and conditions of release or bond are set. Having counsel at this stage allows you to address bond issues, avoid making damaging statements, and begin preserving important evidence such as video footage or witness contact information. Early involvement can be especially important if law enforcement is still conducting related investigations that could lead to additional charges.
Once a case is filed, there is a period of discovery and investigation. During this time, we obtain police reports, lab results, search warrants, and any available recordings. We then compare the government’s version of events with what really happened from your perspective. In Memphis, this may include visiting the scene of a traffic stop, reviewing footage from body cameras, or examining how officers conducted a search on a particular street or highway. As we identify weaknesses in the prosecution’s case, we can file motions, negotiate with prosecutors, or prepare for trial, always with an eye toward reaching the most favorable, realistic outcome for you.
How a Memphis Drug Trafficking Lawyer Builds a Defense
Building a strong defense in a trafficking case requires more than just reading the indictment. A focused drug trafficking lawyer in Memphis looks at the fine details of how the investigation unfolded and how the evidence was handled. Our goal is to locate legal and factual issues that can reduce the charges, limit the potential penalties, or result in a dismissal when possible.
We begin by examining the reason for the initial contact with law enforcement, whether it was a traffic stop on a Memphis interstate, an encounter in a parking lot, or the execution of a search warrant at a home. From there, we review how officers claim to have found the drugs, who had access to the area where they were located, and whether anyone else could have been responsible. We also closely review laboratory reports to confirm the nature and weight of the substance, because even small changes in drug quantity can have a major effect on potential sentencing ranges in both state and federal court.
In many trafficking cases, the government relies on statements from alleged co-defendants or informants in exchange for consideration in their own cases. We carefully evaluate the reliability of these witnesses, their motives, and any inconsistencies in their accounts. When appropriate, we consult with investigators or other professionals to analyze phone records, financial data, or digital evidence. Throughout this process, we stay in communication with our clients so they understand the strategic choices in front of them and can make informed decisions about whether to pursue negotiations or take the case to trial.
Local Resources and Support for Drug Trafficking Charges in Memphis
Facing drug trafficking charges in Memphis can be overwhelming, but understanding the local resources and support available can make a significant difference. The Shelby County Sheriff's Office and the Memphis Police Department are critical local law enforcement agencies involved in drug-related arrests. While these entities work to enforce the law, it's crucial to have a knowledgeable legal team on your side to navigate the complexities of your case.
Memphis offers several community resources aimed at combating drug abuse and supporting those affected by it. Organizations like the Memphis Area Prevention Coalition and the Shelby County Drug Court provide valuable services, including prevention programs and rehabilitation support. While we do not partner directly with these entities, we recognize their importance in the community. We can help connect you with the right resources as part of a comprehensive defense strategy.
For many clients, a strong defense involves more than just addressing the criminal charge itself. Access to counseling, substance use treatment, and support groups in the Memphis area can help stabilize daily life while a case moves through the system. We regularly talk with clients about how steps such as enrolling in treatment, complying with bond conditions, and gathering positive records from work or family life can influence how judges and prosecutors view a case. Taking these proactive measures can demonstrate a commitment to change and may open the door to more favorable options.
Understanding the local landscape and leveraging available resources can be crucial in building a solid defense. If you or a loved one is facing drug trafficking charges in Memphis, contact Francavilla Law Firmfor a free initial consultation. We are committed to protecting your rights and helping you achieve the best possible outcome.
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"I cannot express how thankful I am for your personal guidance, professional service, and dedication."Phone calls and emails were always answered, and of course, the outcome was a very pleasant surprise. I felt a huge burden lifted from my shoulders and experienced a few tears of joy driving home.- Sam
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"Thanks for your kindness and concern with my case."You set the standards that every lawyer should follow!- John
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"Thank you for the “fresh start”"You did an excellent job maneuvering through this mess. Your office is very professional as well.- Jane
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"I really can’t thank you enough."I have never been in such a scary situation, and I’m so glad I finally found someone who could get me out of it.- Lisa
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"I was given one of the greatest gifts of my life, that of my freedom."The end result is that now I do have a life going forward; my professional career will not be destroyed, nor will my educational pursuit of obtaining a doctorate degree.- Jean
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"I am confident that I would not have been able to achieve such great results with my case if it had not have been for your hard work."I really appreciate you being able to turn this into a learning experience that was not detrimental to my future.- Stephanie
Why Choose Francavilla Law Firm?
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I Represent Clients the Way I Would Represent Family
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Certified in DWI Detection & Standardized Field Sobriety Testing
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Thorough, Prepared, & Knowledgeable
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Direct Access & Representation from Start to Finish