Q: My husband was charged with conspiracy with the intent to distribute large amounts of cocaine and fentanyl last oct

A: I'm sorry to hear about the difficult situation your husband is facing. Dealing with federal charges and prolonged detention without clear information can be incredibly stressful. I hope the following information helps clarify what's happening.

Disclaimer: This response is for general informational purposes and does not constitute legal advice. Legal outcomes can vary based on specific circumstances not detailed here. For personalized guidance, please consult a qualified attorney licensed in New York or involved in your husband's case.

Understanding the Situation

Since your husband is facing federal charges for conspiracy with the intent to distribute large amounts of cocaine and fentanyl, his case is being handled in the federal court system, which operates differently from state courts.

1. Failure to Report and Pretrial Release Revocation:

o When your husband failed to report in February, it likely led to the revocation of his pretrial release.

o As a result, he was detained and is being held without bail pending trial.

2. Delays in Federal Cases:

o Case Backlogs: Federal courts often have heavy caseloads, leading to delays in scheduling court dates.

o Complexity of Charges: Drug conspiracy cases involving large quantities and multiple jurisdictions can take longer to prepare for trial.

o Discovery Process: The prosecution and defense may be engaged in extensive evidence gathering and sharing, which can prolong pretrial proceedings.

o Plea Negotiations: Ongoing discussions for potential plea agreements can also delay setting a trial date.

3. Right to a Speedy Trial:

o Under the Sixth Amendment and the Speedy Trial Act (18 U.S.C. § 3161), your husband has the right to a timely trial.

o The Speedy Trial Act requires that a federal trial commence within 70 days of indictment or the defendant's initial appearance, whichever is later.

o However, certain periods can be excluded from this 70-day limit for various reasons, such as pretrial motions, competency evaluations, or reasonable delays requested by either party.

What You Can Do

1. Communicate with His Attorney:

o Encourage your husband to speak directly with his lawyer for updates.

o The attorney should explain the reasons for the delay and any strategies being employed.

2. Request a Status Conference:

o His attorney can request a status conference with the court to obtain information about scheduling and address any undue delays.

3. Explore Violation of Rights:

o If there are unjustifiable delays, his attorney might consider filing a motion alleging a violation of the Speedy Trial Act.

o This is a complex area of law and would depend on the specifics of the case, including any exclusions that apply.

4. Consider Alternative Legal Counsel:

o If communication with the current attorney is insufficient, your husband might explore the possibility of obtaining a second opinion or requesting new counsel, especially if he qualifies for a court-appointed attorney.

Conclusion

Delays in federal criminal cases can occur for various reasons, but your husband is entitled to understand what's happening with his case. Open communication with his attorney is critical to navigating this challenging time.

I hope this information provides some clarity, and I wish you both strength as you work through this situation.

A: I have worked on many Federal Drug conspiracy cases They often take 3 or more years to get to trial. Often the delay is intentional on the part of the Government especially with detained defendants. This is done in order to get defendants to proffer and assist in prosecuting those most responsible for the distribution. Cooperating witnesses often receive in their plea agreements a 5K departure for substantial assistance. Larger conspiracies languish with the magistrate until all the pretrial motions of all of the defendants are resolved. The larger the conspiracy the longer this procedure takes before a trial date is set. An experienced Federal Criminal Defense Lawyer can help wade through the minefields of a Federal Criminal Conspiracy. Michael J Stachowski Criminal Defense Lawyer.