Federal drug crimes were in fact created to defend against the abuse and circulation of abused substances. Each area has its own set of drug legislations and the federal government has its own longstanding technique also. There are, however, several essential type-differentiating the two, that being that while most local and state drug busts are made on property charges (over half for marijuana), the lion’s share of federal drug convictions is for trafficking. Federal penalties can also be generally harsher in the penalty, with a lot longer sentencing. State arrests have the tendency to be more lenient, with charges usually involving the option of probation, a temporary in a local jail, or a fine. This, obviously, depends on the nature of the crime and on the criminal history and age of the particular person being accused.
Federal Drug Crimes Penalties
Federal drug crimes penalties and punishments are separated into categories, similar to states. Each crime has its own specific guidelines:
- Distribution and trafficking are the accusations of selling, delivering, or providing illegal drugs illegally. The charge generally becomes a federal issue, not because it crosses state lines, but because of the number of drugs involved. The sentences may range from 180 days to two years in state jail and/or a fine up to $10,000 for a state jail felony, to life or a term of 15 to 99 years in prison and/or a fine up to $250,000 for the heaviest first-degree felony.
- Manufacturing can be charged if an individual plays a role in cultivating or manufacturing a controlled substance. Cultivation refers to utilizing the naturally occurring processes of illegal dangerous drugs, like cultivating marijuana. An individual can also be accused of manufacturing, producing or creating more synthetic more synthetic controlled substances through a chemical process or in a laboratory, including cocaine. Drug manufacturing sentences can result to a fine up to $250,000 and a prison sentence that can span from 180 days up to 99 years, depending on the quantity.
- Possession is one of the most usual form of a drug charge, including the possession of a dangerous drug. If the amount of the substance found in the defendant’s possession is of a bigger amount, it could be used to suggest felony possession with an intent to distribute. Drug possession penalties on a federal level can vary depending upon many factors, including the form of abused substance sequestered by authorities.
All these convictions lead to a forfeiture of property, like vehicles used in the transport or concealment of an abused substance. This is in addition to the loss of federal benefits including student financings or loans, grants, contracts, and professional and commercial licenses.
Defense of Federal Drug Crimes
The risks are quite high in federal drug crimes cases, and must be met with a threatening and strong defense. Each case is inherently a complex one and the approach for winning needs to be tailored to the specific circumstances. One of the most common defenses used in a drug charge (especially a drug possessions charge) is the case that a policeman violated search and seizure laws in detaining a person and acquiring evidence. If a defendant in a criminal case (usually through a criminal defense lawyer) can prove that the cops breached the defendant’s Fourth Amendment rights in finding and seizing drug evidence, that proof may not be admissible in a criminal case against the defendant.
Federal Drug Crimes Lawyer in Texas
Now, a lot must be going through your mind. With the charges of federal drug crimes accumulating, it may be a very daunting and disheartening ordeal. Don’t strike a deal with the cops before you see a knowledgeable attorney. Although they may seem willing to help, a police officer’s primary goal is to gather proof that can and will be used against you.