Jose Radhame Sanchez, 41, was arrested and charged with conspiracy to distribute approximately 600 counterfeit oxycodone pills containing fentanyl. Authorities allege that Sanchez distributed the pills through a series of transactions, including one where he allegedly had a minor child with him during the drug exchange. Additionally, two overdose victims, including a two-year-old child, were found at Sanchez’s residence in separate incidents. These victims tested positive for fentanyl and cocaine..
What is a Drug Conspiracy Charge?
A drug conspiracy charge is based on an alleged agreement between two or more individuals to distribute illegal substances, such as fentanyl. Under federal law, the prosecution does not need to prove that the drugs were actually distributed—simply the intent to distribute is enough for the charge. Prosecutors build their cases through evidence like phone calls, text messages, and meetings between co-conspirators. According to the evidence in Sanchez’s case, he allegedly engaged in multiple drug transactions involving counterfeit oxycodone pills, all of which allegedly contained fentanyl.
For prosecutors, proving a conspiracy involves showing three key elements:
- 1. An agreement between two or more people to distribute controlled substances.
- 2. Knowledge of the agreement by the accused.
- 3. Voluntary participation in the conspiracy.
Even if no drugs were actually distributed, the intent and agreement to distribute are sufficient grounds for a conspiracy charge. What’s more, co-conspirators’ actions can also be used to implicate an individual in the larger operation, even if they weren’t directly involved in certain aspects of the drug distribution.
The Seriousness of a Fentanyl Distribution Charge
Fentanyl is a highly potent opioid that has caused thousands of overdose deaths across the United States. While no deaths were reported in connection with this specific transaction, fentanyl’s potency, even in small amounts, increases the risk of fatal overdose.
The penalties for being convicted of conspiracy to distribute fentanyl are severe. Sanchez faces up to 20 years in prison, along with a fine of up to $1 million. Those who are found guilty of drug distribution that results in death or serious injury face even harsher penalties, including a mandatory minimum sentence of 20 years to life in prison and fines of up to $5 million.
Penalties for Involving Children in Drug Distribution
Another critical aspect of Sanchez’s case is the involvement of a minor during the drug transaction. On one occasion, Sanchez allegedly had a two-year-old child in his car while distributing fentanyl pills. In federal law, involving a minor in a drug operation can result in up to 5 years in prison and fines of up to $50,000. Additionally, some states, including Massachusetts, have drug-endangered children laws that provide for separate penalties if a child is harmed or endangered due to drug trafficking activities.
Why Drug Conspiracy Charges Are So Serious
Being charged with a drug conspiracy is serious business. The prosecution can use circumstantial evidence, such as text messages, phone records, or even brief meetings, to establish that you were involved in a criminal conspiracy. You can be charged with the intent to distribute drugs even if you never physically distributed them yourself. The complexity of conspiracy charges lies in the fact that prosecutors need to prove your intent and voluntary participation in the agreement. They can use evidence of your knowledge of the conspiracy to build a case, even if your role was seemingly minor.
If convicted of a drug conspiracy charge involving fentanyl, you could face years in prison, substantial fines, and a lengthy period of supervised release. The risks are significant, and the penalties can be life-altering. As in Sanchez’s case, non US Nationals may face deportation upon completion of their sentences.
Why You Need an Experienced Drug Defense Attorney
If you are facing drug conspiracy charges, it’s crucial to work with an experienced drug conspiracy criminal defense attorney. Cases involving fentanyl distribution are complex, and prosecutors will aggressively pursue convictions. A skilled attorney can help you understand your legal rights, review the evidence against you, and build a defense strategy tailored to your case. Whether you are accused of being involved in a drug conspiracy, have been charged in connection with a fentanyl overdose, or are facing additional charges related to minors, it is essential to seek legal counsel as soon as possible. At Dhar Law, LLP, we have defended countless federal drug cases and fought for our clients’ rights by building a robust case to counter the prosecution’s allegations. Please contact us at 617-880-6155 to speak to a member of our award winning drug defense team if you or someone you know is affected by drug conspiracy charges.
