My friend was arrested and charged in federal court with trafficking cocaine, possession of marijuana, and trafficking within 1,000 feet of a school yard. He only had two bags on him with one-half gram each, and the drugs really were for personal use. He also thinks the search was illegal. Will he be convicted?

Federal laws are very strict when it comes to drug offenses occurring in the vicinity of a school. Anyone who distributes or manufactures a controlled substance, or who possesses such substance with the intent to distribute it, within 1,000 feet of a school, college or public housing facility, or within 100 feet of a youth center, video arcade or public swimming pool, faces twice the normal penalty and not less than one year in jail for a first offense. For second offenses of this type, the penalty is even greater. An exception is made for those who possess less than five grams of marijuana. Also excluded is possession for personal use of any controlled substance. In enacting this law, Congress hoped that by threatening dealers who approach children near schools with stiff sentences, drug use among children would decline. Most likely, your friend is charged with cocaine distribution, not marijuana possession, near the school. Assuming he only had 1/2 gram of cocaine on him, and the police do not have evidence of a distribution or possession of a greater amount before he was searched, he should be successful in defending the case on the ground that the cocaine was not intended for distribution, but for personal use. Also, provided there is no other evidence of a distribution or greater amount possessed at an earlier time, if the search and seizure were unlawful, he would prevail since the drugs found on him would not be able to be introduced into evidence at trial. However, the police reports in your friend's case may contain information about other drug transactions. Or, they may present a different version of the search and what was found. Your friend should consult an experienced federal drug defense attorney who can review the police reports and hear your friend's version of what happened, and provide an informed opinion as to the likelihood of a successful defense to the charges.