By now we have all heard plenty of times the facts surrounding Sam Hurd’s arrest for conspiring to sell a half a kilogram of cocaine; cocaine purchased from a federal agent no less. Reciting the facts of the case yet again would be a pointless exercise. What is more important, is the four reasons why Sam Hurd is in deep deep shit. Considering I have defended a few clients facing federal drug charges, I thought I would relay how bad it might get.
1. Federal Involvement: If you know anything about the federal legal justice system from living in Chicago, you know this – The feds aren’t screwing around.. We have seen politician after politician, and governor after governor head to Terra Haute Indiana to serve lengthy prison sentences in the great state of Illinois. The reason for this is more than just the fact that they were guilty as sin. The reason is that the feds don’t lose. The U.S. Justice Department and the U.S. Attorney’s office have a blank check when it comes to prosecuting federal crimes. On top of that, the Immigration and Customs Enforcement Agency (ICE) has recently come under fire for their lack of effectiveness in dealing with the influence of the Mexican drug cartels on the drug trade in the United States. Thus, when you get ICE involved, you are asking for it. The depth and thoroughness of the investigation was most likely out of this world. Evidence such as confidential informants, wiretaps, and video surveillance is bound to come to light. This type of evidence is devastating at trial. With a 90%+ conviction rate, the U.S. Attorney should have a cakewalk with this one.
2. Federal Sentencing Guidelines: I will keep this one short and sweat… even thought it is probably what will keep Sam Hurd up at night for the next year. Unlike most states (Illinois included) sentencing in federal court is not solely dependant on the crime committed. Under the federal rules, the type of crime only sets a minimum, but a judge is free to go as high as he would like. And let me tell you… the minimums are high. As the case is charged now, the federal guideline sets the minimum at a decade. Not good.
3. The Charge and the Federal Ability to Amend Charges: People must realize that up until almost the trial stage, the Federal Government has the right to amend the charges commensurate to what they feel they can prove. From all preliminary reports, it could get much worse. Here is why. First, Sam is charged with conspiracy. This is a relatively easy charge to prove. In order to get a conviction, the government need only prove that he took substantial steps with a co-conspirator to commit a crime. Completing the crime is irrelevant. Considering the weights and amounts of drugs that have been thrown out there, there is nothing holding the U.S. Attorney’s Office back from charging Hurd with a crime that holds a minimum of life without the possibility of parole. Bad News Bears.
4. The Venue: Last but not least, it’s not only what Hurd has been charged with, but where he could stand trial that could be devastating. Federal Court is different from state court in the fact that you are not permitted to have a “bench trial” where the judge hears the case and finds guilt or innocence. Under normal circumstances, having an judge decide conspiracy cases is much more desirable because they know the law better. In Federal Court however, you MUST have a jury trial should you decide against taking a plea. With that in mind, lets look at Sam’s potential jury pool. North Texas has become a battleground for the Mexican drug cartels. Needless to say, they are not to fond of people who deal with them. Because ICE is the investigating agency in this case, there is no doubt that Sam’s operation was in close contact to the cartels (it would have to be in order for ICE to have jurisdiction instead of the FBI or DEA). Furthermore, Texas isn’t exactly the most minority friendly state in the Union. Finally, he is an ex-Cowboy… doesn’t help.
All in all… Its looking more like bologna sandwiches instead of green eggs and ham for Sam Hurd.
.
David Gaeger is a Criminal Attorney at the law firm of Rotunno & Giralamo, P.C. and as much as he wishes he was.... is not pictured above.
No comments:
Post a Comment