Federal drug crimes were actually developed to resist the abuse and circulation of abused substances. Each state has its own set of drug laws and the federal government has its own longstanding technique also. There are, however, several key variation differentiating the two, that being that while the majority of local and state drug arrests are made on property charges (over half for marijuana), the lion’s share of federal drug convictions is for trafficking. Federal charges can also be generally harsher in the penalty, with much longer sentencing. State arrests tend to be more lenient, with charges usually involving the option of probation, a temporary in a local jail, or a fine. This, of course, depends on the nature of the crime and on the criminal history and age of the person being accused.
Federal Drug Crimes Penalties
Federal drug crimes penalties and punishments are separated into categories, just like states. Each criminal offense has its own specific guidelines:
- Distribution and trafficking are the accusations of selling, delivering, or providing controlled substances illegally. The charge generally becomes a federal issue, not because it crosses state lines, but because of the quantity of drugs involved. Sentences for distribution and trafficking can be compelling and can carry a mandatory minimum 4 to 10 years in prison with a possible life sentence, depending on the quantity involved.
- Manufacturing can be charged if a person plays a role in cultivating or manufacturing a controlled substance. Cultivation refers to utilizing the naturally occurring processes of illegal controlled substances, like growing 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 lead to a prison sentence that can range from 2 to 10 years with a possible life sentence as a mandatory minimum, depending on the quantity.
- Possession is the most usual form of a drug charge, including the possession of a controlled substance. If the amount of the substance found in the defendant’s possession is of a bigger amount, it can be used to suggest felony possession with an intent to distribute. Drug possession penalties on a federal level can differ depending on many factors, including the kind of controlled substance sequestered by authorities.
All these convictions result in a forfeiture of property, such as vehicles used in the transport or concealment of a controlled 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 stakes are very 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 strategy for winning has to be tailored to the individual circumstances. One of the most common defenses used in a drug charge (especially a drug possessions charge) is the claim that a policeman overstepped 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 police breached the defendant’s Fourth Amendment rights in finding and seizing drug evidence, that evidence may not be admissible in a criminal case against the defendant.
Federal Drug Crimes Lawyer in Oklahoma
At this point, a lot must be running through your mind. With the charges of federal drug crimes piling up, it can be a very intimidating and disheartening ordeal. Don’t strike a deal with the police before you see an experienced attorney. Although they may seem willing to help, a police officer’s primary goal is to gather evidence that can and will be used against you.