Federal Drug Conspiracy Charge in Chicago Under 21 U.S.C. § 846

At The Law Offices of David L. Freidberg, we defend people in Chicago and across Illinois who are accused of serious federal drug crimes, including conspiracy charges under 21 U.S.C. § 846. These are not minor state cases. A federal drug conspiracy charge can lead to decades in federal prison, with no opportunity for parole, and can permanently alter the course of your life. We have seen firsthand how aggressively these cases are investigated and prosecuted in the Northern District of Illinois, especially in and around Chicago neighborhoods like Englewood, West Garfield Park, and Little Village, where federal authorities often concentrate their enforcement efforts.

Drug conspiracy cases are unique because the government doesn’t have to prove that drugs were ever sold or even found in your possession. Instead, they try to prove an agreement existed to violate federal drug laws, and that you knowingly joined that agreement. This makes conspiracy charges broad, powerful, and dangerous—especially for people who may have been loosely associated with others under investigation.

In Illinois, drug crimes are typically charged under state law as misdemeanors or felonies, depending on the type and amount of controlled substance. But once you’re in the federal system, everything changes. Penalties are much harsher. Cases move faster. And the resources of federal prosecutors are substantial. That’s why it’s essential to have an experienced Chicago criminal defense lawyer on your side from the very beginning.

What Does 21 U.S.C. § 846 Actually Say?

Under 21 U.S.C. § 846, it is a federal crime to conspire to violate any provision of the federal Controlled Substances Act. The statute reads:

“Any person who attempts or conspires to commit any offense defined in this subchapter shall be subject to the same penalties as those prescribed for the offense, the commission of which was the object of the attempt or conspiracy.”

This means if you are accused of conspiring to distribute a controlled substance like fentanyl, heroin, methamphetamine, cocaine, or even marijuana (in large amounts), the penalty is the same as if you had committed the underlying drug trafficking offense—even if no drugs ever changed hands.

Federal conspiracy charges are often used by U.S. Attorneys to cast a wide net and include multiple individuals in a larger alleged criminal enterprise. They can tie together wiretaps, text messages, surveillance videos, vehicle stops, and statements from cooperating witnesses to try to show that multiple people were working together, even if those people never actually met in person.

How Federal Drug Conspiracy Cases Begin in Chicago

Federal drug conspiracy cases in Chicago often begin with long-term investigations led by federal agencies like the DEA, FBI, Homeland Security Investigations, or ATF, in collaboration with local police departments like the Chicago Police Department or suburban departments in Cook, DuPage, Will, or Lake Counties. These investigations can involve months or even years of:

Wiretaps (Title III intercepts)
Undercover agents or informants
Controlled buys
GPS tracking of vehicles
Cell-site location tracking or tower dumps
Surveillance teams on foot or by aircraft
Search warrants for homes, phones, and vehicles

Once the government believes it has enough evidence, federal prosecutors present their case to a grand jury, which often returns an indictment. In some cases, people are arrested all at once during large-scale takedowns, often with media attention. In others, people are indicted under seal and picked up quietly. If you or a loved one is under investigation or has been contacted by federal agents, it is absolutely critical that you do not speak to law enforcement without a federal criminal defense lawyer present.

What Are the Penalties for a Federal Drug Conspiracy Conviction?

The penalties for a federal drug conspiracy conviction depend largely on the type and amount of drug involved in the alleged agreement, and whether the offense carries a mandatory minimum sentence. Under 21 U.S.C. § 841(b), common mandatory minimum sentences include:

5 years to 40 years for 100g of heroin, 500g of cocaine, or 5g of meth
10 years to life for 1kg of heroin, 5kg of cocaine, or 50g of meth

However, conspiracy charges under § 846 apply the same sentencing as if the underlying offense had been completed. That means you can face 10 years to life in federal prison just for being accused of agreeing to distribute a large amount of drugs—even if no drugs were ever seized from you.

There are enhancements that can increase these penalties:

Prior drug felony convictions
Guns involved in the conspiracy (even if not used)
Drug activity near schools
Resulting serious bodily injury or death

There are also ways to reduce exposure, such as:

Safety valve eligibility
Substantial assistance to the government
Challenging the drug quantity attribution during sentencing

We help our clients understand all available options and fight to prevent mandatory minimums from applying whenever possible.

A Realistic Example from Chicago: Federal Conspiracy Defense Strategy

Let’s say someone is arrested in the Back of the Yards neighborhood after federal agents stop a vehicle and find a kilogram of cocaine in a hidden compartment. The driver says he was delivering the drugs for a man he met through a relative. Based on text messages and intercepted calls, the government indicts four people, including the driver, under 21 U.S.C. § 846 for conspiracy to distribute cocaine.

Our client is the relative. He never touched the drugs, but some of the messages suggest he may have facilitated an introduction. During the investigation, we determine that the texts are ambiguous and can be explained as casual contact, not criminal agreement. We also discover that the cooperating driver had a motive to shift blame to avoid a longer sentence himself. Through pretrial litigation, we move to suppress portions of the intercepted communication and discredit the informant’s testimony. Eventually, the government offers a significantly reduced plea to a lesser charge with no mandatory minimum, or our client can proceed to trial with a stronger defense.

This is just one example of how a Chicago federal criminal defense lawyer can challenge the prosecution’s assumptions and protect your rights.

How Federal Drug Conspiracy Investigations Work

Federal prosecutors build conspiracy cases by collecting as much evidence as possible to show that two or more people agreed to violate drug laws. That evidence often includes:

Wiretap recordings of conversations
Text messages, Signal or WhatsApp chats
Testimony from confidential informants or co-defendants
Surveillance photos and videos
Bank records showing money movement
GPS or phone tracking data
Items seized in search warrants, like packaging materials or weapons

Sometimes, people are charged based on association rather than conduct. If you’re merely present at a location or know someone involved, that alone isn’t enough—but prosecutors often argue that your words, actions, or silence amounted to participation. That’s why it’s crucial to have an experienced Chicago criminal defense lawyer examine every piece of evidence and push back hard against weak assumptions.

The Criminal Case Process and the Importance of Legal Representation

From the moment you’re under investigation or indicted, every decision you make can affect the rest of your life. The federal criminal process includes:

Pre-indictment investigation
Arrest or voluntary surrender
Initial appearance in federal court
Detention (bond) hearing
Arraignment on the indictment
Pretrial motions and discovery
Plea negotiations or trial preparation
Trial in U.S. District Court
Sentencing hearing
Post-conviction motions or appeals

Every phase is an opportunity to assert your rights and challenge the case against you—but only if you have a skilled Chicago criminal defense lawyer who understands the nuances of federal court. At our firm, we handle every step ourselves. We don’t pass you off to junior associates or outside counsel. We understand how high the stakes are for you and your family.

Legal Defenses to Federal Drug Conspiracy Charges

Defending against a federal drug conspiracy charge requires a tailored strategy based on the facts and weaknesses in the government’s case. Potential defenses may include:

No agreement existed: There must be proof of a genuine agreement, not just association or casual contact.
Lack of knowledge: You must have known the goal of the conspiracy was to violate drug laws.
No overt act: While not always required under federal law, showing no steps were taken to further the conspiracy can weaken the case.
Entrapment: If agents or informants pushed you to commit a crime you wouldn’t have otherwise considered, this defense may apply.
Illegal searches or wiretaps: If evidence was obtained in violation of your constitutional rights, we may be able to suppress it and weaken the case.
Withdrawal from conspiracy: In some cases, showing you left the conspiracy before any act was taken can limit liability.

Why You Need a Criminal Defense Lawyer for These Charges

Federal prosecutors are trained, aggressive, and backed by nearly unlimited resources. They are not concerned with fairness or second chances. Their goal is a conviction. If you try to face them alone or rely on a public defender with an overwhelming caseload, you risk your freedom and your future.

At The Law Offices of David L. Freidberg, we’ve spent decades defending people accused of serious drug crimes in Chicago and across federal courts in Illinois. We know how to challenge federal conspiracy cases. We’ve handled complex multi-defendant indictments. And we are always trial-ready.

Questions to Ask a Criminal Defense Attorney in Your Free Consultation

If you’re looking for legal representation, ask:

Have you defended federal drug conspiracy cases under § 846?
Are you familiar with the U.S. Attorney’s Office and judges in the Northern District of Illinois?
How many jury trials have you handled in federal court?
Will you personally handle my case or pass it off to another attorney?
How do you charge for your services, and do you offer payment plans?

At our firm, we are transparent, available 24/7, and focused on results.

Why Choose The Law Offices of David L. Freidberg

Federal drug conspiracy charges are life-changing. You need a defense attorney who knows how to challenge every aspect of the government’s case, from wiretap admissibility to sentencing calculations. We have spent decades defending federal criminal cases in Chicago, Cook County, DuPage County, Will County, and Lake County.

We don’t just represent you—we fight for your future. We know how prosecutors think. We know how cases are built. And we know how to dismantle them.

Call Us 24/7 for a Free Consultation

If you’ve been charged with federal drug conspiracy under 21 U.S.C. § 846—or if you believe you are under investigation—don’t wait. The sooner you get a Chicago criminal defense lawyer involved, the better your chances of protecting your freedom. Call The Law Offices of David L. Freidberg now for a free and confidential consultation.

Call Now for a Free Consultation With a Chicago Lawyer

If you’re facing a criminal charge in Chicago, don’t wait. Call The Law Offices of David L. Freidberg today for a free, no-pressure consultation.

We’re available 24 hours a day, 7 days a week. Contact us today at (312) 560-7100 or toll-free at (800) 803-1442 for a free consultation.

We’ll answer your questions. We’ll explain your rights. And we’ll start building your defense.