Drug Conspiracy Charges in Chicago: The Weight of a § 846 Indictment

Being indicted under 21 U.S.C. § 846 in Chicago is a legal emergency. This federal statute targets drug conspiracy, and it’s one of the most common charges used by U.S. prosecutors to build large, sweeping cases against multiple defendants. In fact, you can be facing ten years to life in prison without ever handling a single gram of narcotics. That’s how wide the net is cast under this law.

Chicago is a major hub in the national narcotics enforcement landscape. Law enforcement agencies, including the DEA, FBI, and the U.S. Attorney’s Office, have spent decades focusing efforts on neighborhoods throughout the city. From Back of the Yards to Austin, from Garfield Park to Little Village, entire communities have been disrupted by federal indictments alleging complex drug networks. The harsh reality is that when someone gets swept into a drug conspiracy case, it doesn’t matter how minor their role may have been. If the government ties you to the group, they will try to tie you to the full weight of the drugs involved—and the mandatory minimums that come with it.

If you’ve been arrested or served with a federal indictment in a Chicago drug conspiracy case, you are not dealing with a local charge. You’re up against the U.S. Government, which brings its case through the Northern District of Illinoisfederal court system. These cases are structured, calculated, and aggressive. Before you say a word to investigators or appear in court, you need to speak with a Chicago criminal defense attorney with federal experience who knows how to challenge § 846 allegations.

Understanding the Process: From Investigation to Indictment to Trial

Federal conspiracy cases typically begin with an investigation that can span months or years. These investigations often involve:

• Wiretaps authorized under Title III
• Surveillance teams documenting alleged meetings and handoffs
• Undercover purchases (controlled buys)
• Confidential informants gathering audio recordings
• GPS data and cell-site location information
• Grand jury subpoenas for financial records or communications

Unlike a state-level arrest where someone might be taken into custody on the spot after a traffic stop or house search, federal conspiracy cases usually culminate in an indictment that’s handed down in secret by a grand jury. It’s not uncommon for defendants to be arrested months after the investigation has ended—sometimes all at once, in large operations targeting 10 or more people across Chicago and surrounding counties.

Once you’re indicted under § 846, the U.S. Marshals or DEA will arrest you. You’ll be taken to federal court for an initial appearance and detention hearing, where prosecutors will argue to keep you in custody. Bail in federal court is not a right; it’s discretionary and often denied if you’re considered a flight risk or danger to the community. A Chicago federal defense lawyer must fight immediately for conditions of release or risk letting the case unfold with you behind bars.

Discovery follows soon after. Federal prosecutors must turn over the evidence, but that process is more limited than in state court. You may not see everything until trial. This is where your defense attorney’s experience is crucial. We file motions to suppress illegally gathered evidence, challenge wiretap applications, and question the integrity of informant testimony. Many of these cases hinge on weak links and the assumption that every alleged co-conspirator played a knowing and willful role. That assumption must be tested.

A Chicago Example: Conspiracy Allegations from the West Side

Let’s look at a hypothetical scenario based on patterns I’ve seen in real Chicago cases. A man from Humboldt Park is arrested as part of a multi-defendant indictment alleging a heroin and fentanyl ring. The government claims the group distributed more than 1 kilogram of heroin and 400 grams of fentanyl over the course of 14 months. That alone exposes each defendant to a 10-year mandatory minimum sentence under federal law.

My client wasn’t found with any drugs in his possession. He didn’t have a criminal record. But the prosecution points to intercepted phone calls where his nickname is mentioned, and text messages that suggest he was “bringing money” to another alleged co-conspirator. The government’s theory is that he was a runner or money handler. Even though he never sold or packaged narcotics, they charge him under 21 U.S.C. § 846 and argue that he is responsible for the full quantity moved by the entire group.

As his Chicago criminal defense lawyer, I know we have to hit back hard from the start. First, we isolate the timeline. We show the limited nature of his involvement, question the true identity behind the nickname, and challenge the meaning of the messages—there’s no explicit reference to drugs. Then we investigate the informant who provided some of the allegations. Turns out he has three prior arrests and a motive to pin blame on others to reduce his own sentence.

We file motions to suppress key communications and get some of the most damaging wiretap evidence excluded. During plea negotiations, we persuade the government to drop the mandatory minimum in exchange for a lesser charge not covered under § 841(b)(1)(A). My client ends up avoiding the 10-year floor and serves 18 months in federal prison.

That kind of outcome doesn’t happen by luck. It takes strategic pretrial litigation, negotiation, and trial preparation. Most importantly, it takes a defense attorney who understands the local federal courts and the specific tools prosecutors use in these cases.

Mandatory Sentencing and Why You Need Real Defense Early

The biggest trap in § 846 drug conspiracy cases is mandatory minimum sentencing. Once the government proves certain drug quantities were involved in the conspiracy—even if you weren’t caught with them—the judge must sentence you to a fixed prison term unless an exception applies. The most common mandatory sentences are:

• 5 years to 40 years for at least 500 grams of cocaine, 100 grams of heroin, or 40 grams of fentanyl
• 10 years to life for 5 kilograms of cocaine, 1 kilogram of heroin, or 400 grams of fentanyl

Two paths exist to reduce or avoid mandatory minimums:

First is the “safety valve” under 18 U.S.C. § 3553(f). To qualify, you must have minimal criminal history, no violence, no leadership role, and must truthfully provide information to the government about the offense. Even then, judges are not required to grant a downward departure.

Second is “substantial assistance” under U.S.S.G. § 5K1.1, which requires you to cooperate with prosecutors by helping them prosecute others. This is controversial, risky, and not right for every defendant. It can put people in danger and has long-term consequences. Only a qualified Chicago federal drug conspiracy attorney can help you weigh that decision safely.

Without an experienced lawyer guiding you through this complex web of sentencing laws, you’re at the mercy of a system that is not designed to show leniency. The sooner you begin your defense, the better your chance of avoiding life-altering punishment.

Federal Drug Conspiracy FAQs Under 21 U.S.C. § 846

Is conspiracy under § 846 different from regular drug possession?
Yes, drastically. Conspiracy doesn’t require you to be caught with any drugs at all. The government only needs to prove that you agreed to participate in a plan to violate federal drug laws. If they succeed, you’re held liable for the entire drug weight trafficked by the group—even if you never saw it.

What’s the minimum sentence I could get if I’m charged under § 846?
That depends on the drug type and quantity alleged in the indictment. For 500 grams of cocaine or 100 grams of heroin, you face a 5-year minimum. For larger quantities, or if you have prior felony drug convictions, you could face 10 years or more, up to life imprisonment. These are not theoretical numbers—judges are required to follow these floors unless exceptions apply.

Do federal conspiracy charges include asset forfeiture?
Yes. The government can seize bank accounts, vehicles, homes, or cash if they claim the assets were derived from or used in the conspiracy. This often occurs before trial or conviction. A federal defense attorney can challenge these seizures through motions and evidentiary hearings.

Can I be released on bond in a federal conspiracy case?
Possibly, but it depends on the circumstances. Federal judges are stricter about detention, especially in drug cases. The prosecution may argue you’re a flight risk or a danger to the community. A strong Chicago criminal defense lawyer can argue for pretrial release with strict conditions like home confinement or GPS monitoring.

Do I have to testify to get a reduced sentence?
No, but in some cases, cooperating with the government can result in a lower sentence. That process is known as substantial assistance, and it comes with serious risks. There are other ways to secure lower sentences, such as qualifying for the safety valve, attacking the case at trial, or negotiating a plea to a lesser offense.

What happens if I go to trial on a § 846 charge?
If you go to trial, the government must prove beyond a reasonable doubt that you knowingly joined a conspiracy and intended to further it. Trials include witness testimony, confidential informants, wiretap recordings, and physical evidence. Your lawyer will cross-examine all witnesses, present contrary evidence, and attack the government’s narrative. If convicted, you’re sentenced under the federal guidelines, including any mandatory minimums that apply.

Let’s Talk Before It’s Too Late: Call The Law Offices of David L. Freidberg

If you’re facing a federal indictment under 21 U.S.C. § 846, you cannot afford to wait. These are some of the most unforgiving cases in the criminal justice system. Even minor roles in a drug conspiracy can lead to decades in federal prison if you don’t have someone fighting for you from day one.

At The Law Offices of David L. Freidberg, we represent clients in Chicago and throughout Cook County, DuPage County, Will County, and Lake County in federal conspiracy, drug trafficking, and firearm cases. I have decades of experience dealing with prosecutors in the Northern District of Illinois, and I know how these cases are built—and how to defend against them.

Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation. The sooner we talk, the sooner we begin building your defense.