Federal Drug Crimes · DEA · Controlled Substances Act
Federal drug charges carry mandatory minimums, asset forfeiture,
and career-ending consequences. Former federal prosecutors and former
federal agents intervene early to fight the indictment, the sentence, and the
loss of everything you have built.
A federal drug investigation or indictment is not the same fight as a state drug charge. Federal prosecutors have more resources, longer timelines to build a case before you ever know you’re a target, and sentencing rules that can take years off the table before a judge even considers your circumstances.
If you’ve been contacted by DEA agents, received a target letter from a U.S. Attorney’s Office, or already been indicted, the decisions you make in the next several days matter. In many of these situations, speaking with experienced DEA audit defense lawyer early can help protect your position. Our attorneys at Keith & Lorfing include a former Assistant U.S. Attorney who prosecuted federal cases from the inside, and we represent clients facing federal drug charges and investigations nationwide.
This page explains how federal drug cases work — from the statutes involved, to sentencing exposure, to what happens at each stage of a case — so you know what you’re dealing with and what a defense attorney actually does about it.
Most drug arrests in the United States are handled by state or local prosecutors under state law. A charge becomes federal when it crosses into territory that federal law is built to cover. Common triggers include:
A state and a federal prosecutor can technically both have jurisdiction over the same conduct in some cases. Prosecutors and agencies decide which system handles a case based on internal guidelines, resources, and the scale of the alleged conduct — not always on anything the defendant can predict in advance.
The practical difference matters. Federal court means federal sentencing guidelines, statutory mandatory minimums, and prosecutors who have far more investigative tools — wiretaps, grand juries, and cooperating witnesses — than most state district attorneys typically use on a drug case.
If you are unsure whether your case is state or federal, that uncertainty by itself is a reason to talk to an attorney immediately. Contact our firm for a confidential consultation before you make any statements to investigators.
Federal drug prosecutions are built on a small number of statutes within the Controlled Substances Act (CSA). Knowing which one applies to your case tells you a great deal about what the government has to prove and what penalties are on the table.
Section 841 is the core federal drug statute. It makes it illegal to manufacture, distribute, dispense, or possess a controlled substance with intent to manufacture, distribute, or dispense it. “Possession with intent to distribute” charges — one of the most common federal drug charges — are brought under this section. The specific penalty depends on the drug type and quantity involved, which is set out in § 841(b).
Section 846 makes it a crime to attempt or conspire to commit any offense under the CSA. This statute does not require the government to prove that drugs actually changed hands or that a defendant personally possessed anything. It only requires proof of an agreement between two or more people to commit a drug offense, plus that the defendant knowingly joined that agreement. Conspiracy convictions carry the same penalty range as the underlying offense the group agreed to commit.
When drugs cross an international border, importation and exportation offenses under §§ 952 and 960 typically apply instead of, or in addition to, § 841. These charges frequently appear in cases involving CBP or Homeland Security Investigations and carry penalty structures similar to § 841 based on drug type and quantity.
People often use “trafficking” and “possession” loosely, but the distinction has real legal weight.
Simple possession generally means having a controlled substance for personal use, with no evidence of an intent to distribute it to others. Federal simple possession charges exist but are relatively rare compared to state court, and they carry lighter penalties than distribution or trafficking charges.
Possession with intent to distribute and trafficking charges apply when the government believes drugs were meant for sale or distribution. Prosecutors don’t need direct proof of a sale to bring this charge. Circumstantial evidence — quantity beyond what appears to be personal use, packaging materials, scales, large amounts of cash, or communications about sales — is often enough to support the charge.
Hypothetical example: Imagine someone is stopped during a traffic check and officers find a quantity of methamphetamine along with several plastic bags and a digital scale in the vehicle. Even without a witnessed sale, that combination of evidence is the kind of fact pattern federal prosecutors commonly use to charge possession with intent to distribute rather than simple possession. Every case turns on its own facts, and a defense attorney’s job is to test whether the government’s evidence actually supports that inference.
Conspiracy is one of the most misunderstood parts of federal drug law, and it’s also one of the most commonly charged offenses. A person can be convicted of drug conspiracy without ever touching a controlled substance, transporting it, or profiting directly from a sale.
To convict someone of conspiracy under § 846, the government generally must prove:
Hypothetical example: Suppose someone allows their apartment to be used occasionally to store drugs for a family member who is involved in distribution, without personally selling anything. Under conspiracy law, that person may still face criminal exposure equal to the underlying distribution offense if the government can show they knowingly agreed to participate in the broader scheme. This is why conspiracy charges often sweep in people whose role looks minor compared to others named in the same indictment.
Conspiracy charges also mean that everyone in the agreement can potentially be held responsible for the reasonably foreseeable quantity of drugs involved in the whole conspiracy — not just the amount tied to their individual conduct. That single feature of conspiracy law is often what pushes a defendant’s sentencing exposure far higher than they expect.
Federal drug sentencing operates on two tracks that work together: statutory mandatory minimums set by Congress, and the U.S. Sentencing Guidelines, which give judges a recommended range within (or above) whatever the statute requires.
Under § 841(b), penalties are tied directly to the type and quantity of drug involved. Crossing certain quantity thresholds triggers a 5-year mandatory minimum, and crossing higher thresholds triggers a 10-year mandatory minimum. These thresholds differ by substance — for example, the quantity of fentanyl that triggers a mandatory minimum is far smaller than the quantity required for other substances. Once a mandatory minimum applies, a judge generally cannot sentence below it, regardless of the defendant’s personal history, unless a specific legal exception applies.
Several factors can increase sentencing exposure beyond the base mandatory minimum, including:
Congress and the Sentencing Commission have built in limited paths around mandatory minimums. The “safety valve” provision allows a judge to sentence below an otherwise-applicable mandatory minimum for certain defendants who meet specific criteria, including a limited criminal history and truthful disclosure to the government about the offense. Separately, a defendant who provides substantial assistance to prosecutors in another investigation may become eligible for a sentence below the mandatory minimum, but only if the prosecution files a motion recognizing that cooperation — a defendant cannot force this on their own.
Whether either option applies to a given case depends entirely on the specific facts, the defendant’s record, and prosecutorial discretion. An experienced federal defense attorney reviews the charging documents and criminal history early to determine which of these paths, if any, may be available.
Sentencing exposure at the federal level is one of the most serious aspects of these cases, and it’s also one of the least understood by people encountering the federal system for the first time. Our attorneys, including Managing Partner Russell Lorfing, a former Assistant U.S. Attorney who prosecuted federal cases in Lubbock, Texas, have seen this process from both sides of the courtroom. Reach out to our team to discuss what the guidelines and any mandatory minimum could mean in your specific situation.
Federal cases move through a fairly predictable sequence, though the pace can vary widely depending on the complexity of the investigation.
Federal drug investigations often run for months or years before an arrest happens. Agencies like the DEA, FBI, or HSI may use surveillance, informants, wiretaps, controlled buys, and grand jury subpoenas to build a case quietly. Many people first learn they’re under investigation when agents show up asking questions, execute a search warrant, or send a target letter.
These investigations start quietly and methodically, and they rarely announce themselves. By the time someone senses they may be a target, the DEA or FBI may already be well along — subpoenaing phone and financial records, pulling bank and travel data, and interviewing people close to the operation, such as associates, couriers, or family members. The earlier a person brings in experienced federal criminal defense counsel, ideally before agents ever show up or a subpoena is issued, the more options are usually still on the table. Waiting until after an arrest means reacting to decisions the government has already made instead of helping to shape them.
If prosecutors believe they have enough evidence, they present the case to a federal grand jury, which decides whether there’s probable cause to issue an indictment. Indictments are often returned under seal, meaning a defendant may not know charges exist until an arrest is made.
After arrest, a defendant appears before a federal magistrate judge to hear the charges and enter a plea. This hearing also addresses pretrial detention — whether the defendant will be held in custody or released, and under what conditions, while the case proceeds.
This stage is where much of the real defense work happens. Defense counsel reviews discovery (the government’s evidence), challenges the legality of searches, seizures, or wiretaps where appropriate, and files motions that can limit or exclude evidence before trial. This is also typically when plea negotiations begin in earnest.
The large majority of federal drug cases resolve through a negotiated plea rather than trial, largely because of the sentencing exposure involved in going to trial and losing. That said, going to trial may be the right decision depending on the strength of the government’s evidence and the specific facts of the case. This is a decision that should be made only after a full case assessment with your attorney — never automatically.
If a defendant pleads guilty or is convicted at trial, a probation officer prepares a presentence report calculating the applicable guideline range. Both sides can object to that calculation, and the defense can present mitigating evidence and arguments before the judge imposes a sentence, subject to any mandatory minimum that applies.
Our firm’s attorneys bring perspective from multiple sides of the federal system. Russell Lorfing spent years as a federal prosecutor before founding this practice, and he has trained federal agents and prosecutors from the FBI, IRS, DEA, and DOJ on handling electronic evidence — the same kind of evidence that drives many modern drug conspiracy cases. Founding Partner Trey Keith has more than 20 years defending clients accused of drug possession and related financial crimes like money laundering, and Of Counsel Hon. E. Scott Frost (Ret.) brings more than three decades of federal courtroom experience to case strategy.
Federal drug cases are prosecuted by U.S. Attorney’s Offices with dedicated resources, and they’re heard by federal judges operating under the Sentencing Guidelines and the Federal Rules of Criminal Procedure — a different set of rules and norms than most state courts use. An attorney who regularly appears in federal court, understands how a specific district’s prosecutors evaluate cases, and has direct experience with federal sentencing procedure may be able to identify options that aren’t obvious from the outside.
That experience runs deeper than any single attorney at our firm. Our broader team includes additional former federal prosecutors, former federal public defenders, former FBI agents, former IRS criminal investigators, and a retired federal judge. That range of backgrounds means we’ve seen federal drug cases built, defended, and decided from nearly every seat in the courtroom.
Because federal law applies the same way regardless of where a case is filed, our attorneys represent clients facing federal drug charges and investigations across the country, not only in the courts where our offices are based. If you or someone in your family is facing a federal drug charge or investigation, schedule a confidential consultation with our team to discuss the specific facts of your situation.
Federal drug charges and investigations move quickly, and the choices made in the first days often shape everything that follows. Our attorneys at Keith & Lorfing bring former-prosecutor insight, decades of federal courtroom experience, and a clear understanding of how federal drug statutes, conspiracy law, and sentencing guidelines actually work in practice. Federal law applies the same way no matter where you are in the country, and our team regularly consults with and represents clients facing federal drug charges nationwide. Contact our office today for a confidential consultation about your case.
How do I know if my drug charge is state or federal?
Look at who is prosecuting the case and which agency investigated it. If a U.S. Attorney’s Office filed the charge, or DEA, FBI, or HSI conducted the investigation, the case is federal. State charges are filed by a district or county attorney and investigated by local or state police. If you’re unsure, an attorney can review your paperwork and tell you quickly.
Can I be charged federally for conduct that happened entirely within one state?
Yes. Quantity, the involvement of a federal agency, or a connection to another federal offense can all bring a case into federal court even without interstate movement.
Do I have to answer questions if DEA or FBI agents contact me?
No. You have the right to remain silent and the right to have an attorney present. Politely declining to answer questions until you’ve spoken with counsel is not an admission of guilt, and it’s a decision worth making before, not during, an unexpected encounter with agents.
What's the difference between an arrest and a federal indictment?
An indictment is a grand jury’s formal decision that there’s probable cause to charge someone; an arrest is the physical act of taking someone into custody. Federal indictments are sometimes issued under seal, meaning a defendant may be indicted before they are ever arrested or notified.
Can a federal drug charge be reduced or dismissed?
Depending on the facts, yes — through successful suppression motions, insufficient evidence, cooperation agreements, or negotiated plea deals to a lesser charge. Every case depends on its own evidence and circumstances, and no attorney can promise a specific outcome before reviewing the discovery.
How long do federal drug cases take?
Timelines vary widely. Some cases resolve through a plea agreement within months of indictment; others, especially multi-defendant conspiracy cases, can take a year or more to reach trial or resolution.
Will my case go to trial?
Most federal drug cases resolve through negotiated pleas rather than trial, but that doesn’t mean trial isn’t the right choice in every case. The decision depends on the strength of the government’s evidence, potential defenses, and what’s at stake if a plea isn’t reached — a decision to make together with your attorney after a full case review.
Speak with our federal investigations team confidentially.
24/7 Crisis Line: 325-480-8100
Engagements nationwide
The Team

Partner
Russell Lorfing Former Federal Prosecutor

Partner
Brandi Young Former Federal Prosecutor

Partner
David Sloan Former Federal Defender
He put his trial skills to work in the courtroom, prosecuting cases for Ellis County and the District Attorney’s office in Waxahachie. His skills were recognized by the trial lawyers around him, and he went from a misdemeanor prosecutor to lead counsel on murder trials in less than three years.

Of Counsel
C. Richard Baker Former Assistant United States Attorney

Of Counsel
Hon. Scott Frost (Ret.) Former Federal Judge
Keith served as an FBI Special Agent in Lubbock for 27 years, focusing on human trafficking, crimes against children, and terrorism. Known for his collaborative leadership and relentless pursuit of justice, he now brings his expertise to our firm as Special Investigator.

Of Counsel
Eric Gerard Former Federal Prosecutor
Keith served as an FBI Special Agent in Lubbock for 27 years, focusing on human trafficking, crimes against children, and terrorism. Known for his collaborative leadership and relentless pursuit of justice, he now brings his expertise to our firm as Special Investigator.

Of Counsel
Chris Solis Former Federal Prosecutor

Senior Associate
Shane Chriesman Former Federal Prosecutor

Strategic Advisor
Javier Rocha Family Office Executive & Attorney
A family office executive and attorney with over a decade leading privately held businesses and executive teams across complex organizations. His career has focused on governance, investments, operations, and long-term stewardship for family office functions involving billions in assets, advising billion-dollar enterprises on internal investigations, investment diligence, and succession planning. Serves as Board of Directors Chairman for Heritage School and Assistant Scoutmaster for Troop 137.
Advisors & Investigators
A bench of former federal agents, prosecutors, and senior advisors who provide investigative
depth and strategic counsel on the firm’s most complex matters.

Strategic Investigator
Arthur Gonzales Former FBI Supervisory Special Agent
Nearly three decades with the FBI in leadership roles spanning counterterrorism, organized crime, and financial crimes. Recognized nationally and internationally for expertise in complex federal investigations, crisis management, and undercover operations, and served as an instructor at the FBI Academy. Provides strategic consulting and investigative support in federal criminal defense and white-collar investigations.

Strategic Investigator
Michael Orndorff Retired FBI Special Agent

Strategic Investigator
Travis Thorson Retired IRS-CI Special Agent & FBI Task Force Officer
Over two decades of federal investigative experience focused on complex financial crimes, money laundering, and organized criminal enterprises. A former IRS Special Agent whose forensic accounting work was critical in tracing illicit financial activity and building federal prosecutions. Provides strategic consulting for federal criminal defense, forensic accounting, and money laundering investigations.

Special Investigator
Keith Quigley Former FBI Special Agent
Keith served as an FBI Special Agent in Lubbock for 27 years, focusing on human trafficking, crimes against children, and terrorism. Known for his collaborative leadership and relentless pursuit of justice, he now brings his expertise to our firm as Special Investigator.

Strategic Investigator
Jenifer Sparks Retired FBI Special Agent & Certified Profiler
Nearly three decades of FBI experience specializing in violent crime investigations, behavioral analysis, and crimes against children. Served as a Special Agent, Supervisory Special Agent Profiler, and Coordinator of the FBI’s Child Exploitation Task Force. Provides strategic consulting in federal criminal defense, human trafficking investigations, witness credibility assessment, and behavioral analysis.

Strategic Investigator
Jennifer Cejpek Former FBI Special Agent & Certified Fraud Examiner
More than two decades of federal investigative and intelligence experience specializing in healthcare fraud, financial crimes, and public corruption. As a former FBI Special Agent, she led complex federal investigations in close coordination with the Department of Justice. Background includes service as an Electronic Warfare and Intelligence Analyst in the U.S. Army and expertise in forensic interviewing. Advises on federal criminal defense, white-collar crime, and compliance matters.

Strategic Advisor
William Luttrell Financial Analyst & CPA
Financial analyst and Certified Public Accountant advising the firm on complex financial matters, forensic accounting, and the analysis of records central to federal white-collar and financial crime defense.
Recognition
Internal Revenue Service
For prosecutorial accomplishments on financial investigations
National Recognition
Recognized nationally for white-collar investigations work
U.S. Department of Justice
Decades of distinguished service at the U.S. Department of Justice
Combined Team Experience
Combined experience across DOJ, FBI, and the federal bench
Accolades & Accreditations
Client Reviews
I had a dear family friend retain Russell behind some very serious criminal charges. Russell listened and maintained contact through the whole process to assure he felt comfortable and in the loop. With Russell’s help, the case/investigation was dismissed and innocence ensured. We are so grateful for Russell’s dedication and professionalism. Would definitely recommend
Our personal experience could not have been better. These attorneys worked diligently and stayed in constant contact with us regarding the developments in our case. We always had the final say in any offers made by the prosecution. If I could only say one thing about them it would be “they listen” I always felt that my opinion was heard and considered. We discussed everything good and bad. When a decision was finally agreed on we felt it was the very best and truthfully an almost unbelievable outcome. I never want to find my family in the midst or subject of a criminal case ever again but if it happens my first and only call will be to this law firm. Big thanks to Russell and Chris on a job well done. And the office staff are simply amazing! Always polite, knowledgeable, and professional. Thank you all for treating us as family and working so hard to bring this case to a great conclusion.
I had a legal case that was difficult for me, and Russell Lorfing was very helpful throughout the process, advocating for me and working with me throughout the whole process. He was quite accessible as well whether by phone or email, and his staff was also quite helpful to reach out to. Russell was very systematic in going through the evidence that we had in building a case and gave pragmatic explanations on his views considering all the evidence. He also gave me the confidence several times during the process that the evidence for my case was sufficient in building a strong defense. I appreciate very much that he did not sugarcoat my situation and was patient in addressing concerns I had along the way. I strongly recommend Russell for anyone going through a difficult legal battle.
Russell was representing another client in federal court and my family saw him in action and we immediately fired our lawyer and hired Russell on the spot. One of the best decisions we’ve ever made. My brother’s case was very serious as he was looking at 40 years Fed for distribution of methamphetamine. Russell is very connected and well respected when it comes to law. He has great history in the courts with judges and prosecutors. Russell will not sell you a dream—he will shoot you straight and will not sugar coat anything. Russell was able to get my brother’s sentence cut in HALF to something way more reasonable.
Russell Lorfing is THE guy you hire if you’ve been charged with a federal crime in West Texas. My fiancé was charged with a serious federal charge and we needed an experienced defense lawyer. He is one of the most honest lawyers you will find—he tells you exactly how things are and answers your questions honestly. He was looking at 13+ years, and now is looking at 5 years thanks to Mr. Lorfing, who did not rest until he was able to get him something better.
My son is on State and Federal Parole. He was in a lot of trouble that could have landed him in prison for many years. Russell took my son’s case and has done a great job. Russell was able to get the state charges against my son dismissed—my son was looking at a minimum of twenty-five years. Russell also got my son a great plea deal with my son’s federal case. The Keith & Lorfing team treated us as if we were family. I recommend Keith & Lorfing to everybody.
My entire experience with Keith and Lorfing has been great. I was facing the possibility of a 15 year MINIMUM sentence. Mr. Lorfing was very honest and made no promises but he reassured me that his main goal was to keep me out of prison. He did just that and I was able to sign for 6 years probation instead. I highly recommend Keith and Lorfing for anyone in need of a confident and experienced defense attorney.
My husband and I had a great experience working with Russell Lorfing. He managed to get my brother-in-law’s federal case dismissed in a short period of time. Mr. Lorfing is caring and is in constant contact with you and your family. He is a great federal defense lawyer. He is highly recommended!
I wanted to express my deepest gratitude for the incredible support and expertise you provided to my family member. Your dedication and hard work made a world of difference during a challenging time. Thank you for going above and beyond to ensure the best possible outcome. We will strongly encourage anyone that is experiencing any case to consider Russell Lorfing Esq. to represent them.
At the first of our situation we were scared and didn’t know where to begin. My wife made a phone call to Keith & Lorfing just to see where to begin—turned out to be the best decision! Russell and Chris from Keith & Lorfing were absolute professionals. They were the smartest and most prepared in the courtroom. Extremely impressed! They gave us our life back and could not thank them enough for what they did!
I had the privilege of working with Keith and Lorfing for my criminal defense case, and I cannot recommend them highly enough. From the initial consultation to the courtroom proceedings, Keith and Lorfing demonstrated a deep understanding of the law and a commitment to protecting my rights. Thanks to their diligent efforts and sharp legal acumen, they successfully navigated the complexities of my case and ultimately secured a dismissal.
Russell was recommended to me by several people and we are so lucky to have found him! He was able to get a potential 7 year sentence down to only 9 months. Not to mention he and everyone at the law firm was so kind and helpful. It felt more like a family than a law firm. Would recommend to anyone who is in a tough spot.
A referral that I am very glad I was given. Not only did he meet the expectations I had heard from the referral, but exceeded them beyond measure. The process was simple and I was very comfortable and confident throughout. Mr. Lorfing and his associates are amazing and helpful. 10/10 recommended for their honesty and assistance.
Absolutely the best lawyer and staff I’ve ever met. He was more concerned with telling me the facts of where I stood legally than taking my case just for his financial gain. If I ever need any more legal help, I will go to their firm.
I am truly thankful for all you have done for me and my case. My family and I greatly appreciate everything you have done. I am greatly and truly impressed with the outcome. You were great at getting the answers for any question I had and explaining what everything meant. You are very outstanding and have done an amazing job. Thank you so much Russell!
Russell did an amazing job. My case truly was a hail Mary. Lots of threading the needle and moving parts was an understatement. It’s a true testament that if someone wants to really change and will help him help themselves, he can and will.
Russell was an incredible advocate for my family. He regularly communicated with us and made us feel like we were his priority. My brother was looking at a mandatory minimum ten years in federal prison with a maximum possible sentence of life. He ended up pleading to a much less serious crime and serving less than a year. If you’ve been charged with a federal crime in West Texas, Russell Lorfing is THE ATTORNEY you hire.
After I was initially charged, I was swimming in a pool of despair. After my initial intake appointment there was a welcoming presence and a pedigree of honesty with my circumstances. Nothing was sugarcoated but they never made me feel like what I wanted was out of question. I couldn’t be more thrilled about the outcome—Keith literally reached into the depths of the justice system and pulled me out untarnished.
Thank you Mr. Lorfing for your work getting my family member’s Federal MTR Dismissed. We know the time crunch made communication difficult so a special shout out to his legal assistant Wendi as well for getting back with me and reassuring our family things were getting done behind the scenes. We couldn’t have asked for a better outcome.
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Mr. Lorfing is different. He really cares about justice being served. He did a wonderful job with my son as his client. Mr. Lorfing doesn’t accept the usual outcomes of a case. He delves into all possibilities and outcomes for his clients and puts forth great effort when representing his clients. He is a very good lawyer.
I had a complicated case and this man really did his job—and did it in no time. I’m so happy with his professionalism and empathy towards me. He really had my back. Thank you Mr. Lorfing.
Confidential Consultation
Early strategic intervention can significantly impact the course of a federal investigation. Contact our investigations team for a confidential consultation.