Being convicted of a federal drug offense in the United States can be life-changing in all the wrong ways.
While the law of the land states that the accused is presumed innocent until proven guilty, that sentiment seems to get lost in the court of public opinion. Even if found not guilty, the stress of a criminal case can get the better of anyone. That’s especially true if the case drags on.
A lot of drug-related offenses are indeed dealt with at the state level. Even so, the type of drug involved, the quantity, and whether interstate activity is a factor can move a drug offense case to federal court.
If you ever face a federal drug charge, knowing what you’re up against and the best course of action is essential. You’ll want to retain the services of a drug defense lawyer who knows how the system operates, understands the possible outcomes, and knows how to secure an acquittal or reduce the penalties.
Continue reading to see five key things you should understand about federal drug charges in the U.S.
1. Federal vs. State Drug Charges
Again, the majority of drug offenses are prosecuted under state law. That’s especially true when dealing with local distribution and smaller-scale possession. A drug offense, however, rises to the level of a federal crime when the offense takes place on federal property, involves multiple states or crosses U.S. borders, is large-scale in scope, or involves federal agencies like Homeland Security or the FBI.
Choosing a good drug offense lawyer is essential, whether facing state or federal charges, but it’s even more important in federal cases since the penalties in federal court can be stricter than in state court.
2. Kinds of Federal Drug Offenses
Federal drug offenses cover various categories such as manufacturing, possession with the plan to distribute, drug trafficking and distribution, and conspiracy. If you’re accused of one or more of these federal drug offenses, you’ll want the guidance of a seasoned drug defense lawyer.
Your situation can become more difficult depending on what kind of drug is involved and if you have a criminal record.
3. Controlled Substance Schedules
When looking at federal drug laws, you’ll see they’re categorized under the Controlled Substances Act’s five schedules. Schedule I includes drugs with a high possibility for abuse and zero approved medical use (i.e. ecstasy and heroin). Schedule II includes drugs with a high possibility for abuse but with some approved medical uses (i.e. methamphetamine and oxycodone). Schedule III-V includes drugs with a lower possibility of abuse and more approved medical uses (i.e. Valium and codeine).
The drug schedule involved will greatly factor into the level of charges and the severity of penalties.
4. Mandatory Minimum Sentences
Mandatory minimum sentences stress out even the most level-headed people. Judges are required to impose fixed sentences without factoring in mitigating circumstances. Being convicted in a federal drug case can be a serious wake-up call that includes a multi-year incarceration sentence.
A good drug defense lawyer will explain what you’re up against and give you an honest assessment of your situation.
5. Federal Investigations and Prosecution
Federal drug cases often occur on the heels of investigations performed by agencies like Homeland Security, the DEA, or the FBI. These investigations can involve using informants, wiretaps, surveillance, and other methods.
These are some of the things you should know about federal drug charges. Facing charges can change the trajectory of your life in ways that are hard to comprehend.
While no one wants to face drug charges, the stakes are higher if the drug charges are on the federal level. It’ll pay to retain the services of a good drug defense lawyer who can help you through the situation.
Founder Dinis Guarda
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