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What is the federal phone statute in the context of federal drug crime? How does it act as an enhancement?

Raleigh, NC |

What is the federal phone statute in the context of federal drug crime? How does it act as an enhancement?

Attorney Answers 3


  1. Most phone counts are added in drug prosecutions to bring forth another charge, thereby adding points to your sentencing scale. The Count is generally using a cell phone while committing a crime (facilitate a drug transaction). If this applies to you, be sure to communicate with your federal defense attorney and receive more specific advise.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the State of Georgia.


  2. An enhancement or a gateway to a superseding indictment. Check with your attorney.


  3. Multiple count charging is a strong and effective prosecution strategy in both Federal and state prosecutions. It weakens the defense's position and many times adds significant increases to potential prison sentences. This is accomplished by the prosecution via many levels of strategy (to note few) relevant conduct, mandatory minimum sentencing, consecutive vs concurrent sentencing. At a trial it increases the likelihood of the jury finding the defendant guilty of something.
    These concepts underscore yet another example that only experienced criminal defense lawyers are equipped to deal with the multifarious aspects of defense tactics and strategies.

    Of course, every answer or response is based on the information provided in the question asked and requires a much more complete context than is available in this public forum. This answer/response should NOT be relied upon to make any legal decisions. Seek the advice of an experienced Federal and/or state criminal defense attorney in your jurisdiction BEFORE you say or do anything.

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