New York Volume Dealer Lawyer

A  volume dealer, or major trafficker, is someone who either profits $75,000 or more from drug sales within a six-month span or who possesses $75,000 worth of drugs on one or more occasions within a six-month span, with intent to sell them. Because of the high volume of drugs being trafficked or possessed, the consequences of a conviction can be especially punitive. With so much at stake, it is imperative that you contact a New York volume dealer lawyer if you face these charges. A qualified drug attorney can work tirelessly to build you a solid defense.

Commonness of Volume Dealer Charges

Volume dealer charges are not common in  New York because most individual drug sellers in New York do not have access to the amount of drugs necessary to fit the criteria. Only the top echelon of drug dealers are able to facilitate transactions at this level.

When this offense is charged, the case is a priority for the prosecutor’s office. If the prosecutor feels they have evidence to support charges of those levels or profits or the requisite volume of drugs required, they typically seek harsh penalties and will not be very flexible with plea offers. These cases also frequently attract media attention, which adds to the pressure on the prosecutor’s office to secure a conviction. That is why it is vital that those charged with volume dealing, retain an experienced New York volume dealer lawyer.

Elevating a Distribution Charge to a Volume Dealing Charge

The transition from a drug distribution charge to a volume dealing charge is made when the prosecutor is able to connect the defendant to enough sales within the statutory time period of six months to satisfy the minimum criteria.

How Volume Dealer Cases are Investigated

Volume dealer cases are usually the result of painstaking investigations over extended periods of time using every investigative tool in the police and prosecutor’s arsenal. Top level drug dealers get to that level by being careful and avoiding unnecessary risks. It is extremely unlikely the police department will happen upon a $75,000 drug deal in progress.

Methodical investigative work is required to discover the hierarchies of these drug dealing organizations and then once the identity of the major trafficker is discovered, linking that individuals to drugs or profits, is another frequently long and difficult process.Unlike the average drug case, which is the result of an officer’s observations or undercover detective point-out, major trafficker cases can take years to build.

Penalties for Volume Dealer Offenses

Operating as a major trafficker/volume dealer is a class A-1 felony, the most serious charge in the New York Penal Law. The penalty is up to 20 years for a defendant with no criminal record. A skilled New York volume dealer lawyer can attempt to mitigate the penalties and charges an individual may face.

Continuing Criminal Enterprise

A continuing criminal enterprise is an organization whose goals are illegal. Members of these organizations are charged under the Enterprise Corruption statute, which is the New York State equivalent to the federal RICO law. The statute imposes criminal liability on each individual member of the criminal enterprise for all the acts done by, or in furtherance of, the enterprise.

Enterprise corruption is a class B felony, which is not strictly related to narcotics, it can concern any illegal activities. As such, the maximum penalty under this charge is 8.33 - 25 years in prison.

What Separates Continuing Criminal Enterprise Charges From Drug Conspiracy Charges?

Enterprise corruption can relate to any criminal activity, not just drugs. To convict a defendant on drug conspiracy charges, the prosecutor has to demonstrate that a specific conspiracy to distribute narcotics exists and that the defendant is a member of the conspiracy and has committed an overt act in furtherance of the conspiracy.

In order to convict a defendant of Enterprise Corruption, the prosecutor must demonstrate that an organization exists and that their aims and goals are generally criminal, and that the defendant is a member of this organization. A determined New York volume dealer lawyer can argue against that assertion and can work to build a strong counterargument.

There is no volume that attracts federal prosecutors, and volume is not one of the criteria that determines where a drug case is handled by the county prosecutor or federal prosecutor. There must be an element of the case that grants federal jurisdiction, which usually means drugs are trafficked across state lines.

Retaining a New York Volume Dealers Attorney

Volume dealing is a serious offense that can have equally serious consequences. A felony drug conviction can serve as a barrier for those trying to find and maintain stable housing, and employment. If you have been charged with volume dealing, speak with a New York volume dealer lawyer that can fight for you. A qualified drug lawyer can work towards a positive outcome for you.