Drug Distribution and Trafficking
At Bilecki Law Group, we know that there is always more to the story than the prosecution lets on. We fly in hard-hitting attorneys anywhere in the world to fight for those who stand on the front lines of freedom.
Put a Court Martial Defense Attorney to Work for You
Military service members come from all walks of life and backgrounds. As such, you find military service members with all sorts of varied opinions on drug use. Yes, they are illegal for military service members to use. However, how “evil” or “harmful” drugs are is a matter of relative opinion to the service member. For many, military service was a way out of the streets and away from dealing like their friends. However, they still have those friends and family members and it’s not a big leap for them to get dragged into the fray. The military becomes just another market.
In other cases, service members turn to drugs to keep up with stress and tempo of operations and they all “need a guy to hook them up.” If you were that guy and the military justice system is on to you then you need to know that you are in, what we call in the legal world, deep sh**. Don’t let anyone fool you into thinking that this is not a big deal or that they don’t really have anything on you. The military aggressively prosecutes drug distribution cases because they know there are almost always other service members involved. Your friends will rat you out to save themselves from the UCMJ and you’ll be standing there alone with nothing but the big green weenie of the military justice system to keep you company.
If you take the Article 112a case of wrongful distribution of a drug, you could be looking at the following max punishments:
- Amphetamine, cocaine, heroin, lysergic acid diethylamide, methamphetamine, opium, phencyclidine, secobarbital, and Schedule I, II, III controlled substances: Dishonorable Discharge, total forfeiture of all pay and allowances, 15 years confinement and reduction in rank to E-1.
- Marijuana, phenobarbital, and Schedule IV and V controlled substances: Dishonorable Discharge, total forfeiture of all pay and allowances, 10 years confinement and reduction in rank to E-1.
- When aggravating circumstances are alleged: Increase maximum confinement by 5 years.
Now, what could an aggravating circumstance be that would add 5 years? It’s really anything the prosecution wants to try to argue in order to get more time. If they can find a way to add those 5 years you better well believe they will do so.
DO NOT PLEAD GUILTY WITHOUT FIRST TALKING WITH EXPERIENCED COURT MARTIAL DEFENSE COUNSEL!
Facing an Allegation?
Contact Bilecki Law Group
Timothy James Bilecki
Military law attorney
- tbilecki@bileckilawgroup.com
- Tampa, FL 33602
Years of Experience
Court Martial Verdicts
Service Members Represented
Miles Traveled
Investigators Will Scare You Into Admitting Guilt
This is extremely important and we pray that you are reading this early during the investigation process. Don’t assume they have you and do not admit guilt without talking to an experienced military court martial defense attorney. That’s because there are countless avenues to tackle these charges.
Military investigators know you are scared shitless and they will coax an admission of guilt if they can get it. They are even more aggressive in doing this when they know their case is bullshit. They act like they are holding four Aces when they know they’ve got a low pair hand to play. They hope you do their job for them. Stop talking to them and speak with an attorney.
We had a case of an Army Warrant Officer in Hawaii whose home was raided after he was accused of purchasing drugs on the dark web with the intent to distribute. Thankfully, he retained Bilecki early in the investigation and he was prepared. When they raided the house and took his digital assets he didn’t say a thing. Then in our own investigation we uncovered that they never had enough evidence to prefer charges. The man walked away with an Honorable Discharge and all of his benefits.
If that seems like dirty play to you by military investigators that’s because it is. They are padding flimsy drug distribution cases because they need to destroy someone in a public fashion in order to scare everyone else in compliance.
YOU CANNOT COEXIST WITH A MILITARY JUSTICE SYSTEM THAT IS TRYING TO DESTROY YOU.
Military Sting Operations and Drug Distribution Cases
In many cases, when military investigators can’t find a drug dealer to charge they will just create one themselves via sting operations. This is where investigators bait service members into selling drugs and then pouncing on them when they commit a crime they wouldn’t have otherwise.
Sting operation cases may seem like they are undefendable because they literally have you on tape committing the crime. However, it is very possible that the sting operation itself was conducted illegally. It is possible to have the evidence thrown out before trial. Military investigators are sloppy and they almost always make mistakes. We don’t let them get away with that incompetence unscathed.
Beyond incompetence, we’ve seen cases where military investigators tampered with or even intentionally left out evidence that would set you free. They find moral justification in this because they assume that they “know” you are guilty, but just need a little help proving it. It’s wrong and a travesty of justice. We will not let them get away with this.
The reality is that you can be a good service member who messed up and you deserve the very best military court martial defense available. Multiple people in your unit wanted the drugs and you were just the guy who had the hook up. You’re not Pablo Escobar and you didn’t mean to cause any harm. We see this routinely. The bad news is that those buddies who needed the drugs too will almost always submit their candidacy for Blue Falcon of the year. They will turn on you and you need to get ready. You don’t have to accept the worst that military prosecutors can do to you and if you don’t fight back, they will give you their worst.
Bilecki has won drug distribution cases that the prosecution thought was a lock. We’ve secured honorable discharges and Separation in Lieu of Trial (SILT) for guys who were looking at over a decade in military prison. Reach out to us and let us use our experience to help. We know you didn’t see this coming and this wasn’t how you thought your military career would go. Just know that you can fight back and you can win. Get us into the fight on your behalf.
I Was Buying Drugs on the Deep Web, I Thought They Couldn’t Track Me
While using a TOR browser to navigate the deep web gives you levels of anonymity which just aren’t available on the world wide web, it doesn’t totally isolate you from law enforcement.
Many service members utilize the deep web to purchase narcotics using bitcoin accounts and have those drugs shipped to them. It’s often during shipment where the narcotics are picked up by customs and a controlled delivery is made. In these situations, law enforcement will be waiting when you pick up the package to arrest you.
In more large-scale operations, if law enforcement is able to get ahold of your digital devices, they can use forensic tools to exploit the data and often recover incriminating information – even if the dark web was used.
We have seen a large uptick in service members being charged with drug offenses related to the purchase of narcotics on the deep web. If you are in this situation, call us. We understand the nuances of the deep web and have an in-house certified digital forensic examiner who can assist the defense team.
This will only lead to harsher sentencing and more aggressive tactics by prosecutors. Which is why it’s more important than ever that you have a defense attorney with a proven record for winning drug cases in the military.
I May Have Sold a Small Amount. Why Are They Coming At Me Like I’m Some Drug Lord?
The military is often far more interested in making an example out of you than they are at giving you a fair trial and proper sentencing. In the civilian world, drug offenses are quite common. Marijuana use is legal in many states.
Not so in the military. NCIS, CID, commands, and prosecutors take drug distribution very seriously and often do not have a good frame of reference regarding what is truly a minor amount and what is not. To the military, almost any amount of product which is sold is considered substantial.
Depending on your circumstances, if convicted, it’s very possible that they could request sentencing that is unduly harsh for the sale of a minor amount of drugs. It’s imperative that you act as soon as possible to combat these charges against you. Just enlisting the services of trained court-martial lawyers and attorneys can be enough to put a stop to the military’s heavy-handed attempts at conviction.
What Is an Article 112a?
Article 112a of the Uniform Code of Military Justice (UCMJ) defines the wrongful use, possession, and distribution of controlled substances. According to Article 112a:
Any person subject to this chapter who wrongfully uses, possesses, manufactures, distributes, imports into the customs territory of the United States, exports from the United States, or introduces into an installation, vessel, vehicle, or aircraft used by or under the control of the armed forces a substance described in subsection (b) shall be punished as a court-martial may direct.
FAQs About Military Drug Distribution Crimes
As we mentioned earlier, the dark web isn’t an easy place to pull evidence from. It’s often that the arrest happens at the moment of shipment and they use that as the evidence. If they are relying on digital forensics from the dark web to support their case, their case may not be solid at all. Give us a call as we’ve worked multiple drug cases involving the dark web and secured positive outcomes for our client.
Article 112a clearly defines that “Distribute” means to deliver to the possession of another. “Deliver” means the actual, constructive, or attempted transfer of an item. They have to prove this. Don’t let them make assumptions and scare you into admitting that you intended to distribute anything. You may still be in trouble for the personal use, but facing 5 years instead of 15 puts you in a much better position to negotiate your way out of any jail time.
We absolutely will fly anywhere in the world and because South Korea and Japan take drug crimes seriously, we are there often. One has to understand the various civilian and military regulations at play when charged overseas. Experience matters in knowing how to fight back overseas. When military prosecutors see that you’ve flown in hard-hitting counsel from the United States to defend you they know that they now have a fight on their hands.
Well, that’s not a helpful position to be in, but stop talking to anyone and give us a call. You wouldn’t be the first one they scared into admitting guilt when they had a shitty case to begin with. Reach out to us and we’ll shoot you straight on what you are facing. There is still time to fight back. There is a better than average chance that they made mistakes during the investigation. There is still time to secure for yourself the best possible outcome. Don’t let them take everything from you.
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Get in Touch
- tbilecki@bileckilawgroup.com
- 813-669-3500
- Bilecki Law Group, PLLC, 601 S. Harbour Island BLVD, Suite 109 Tampa, FL 33602