Federal drug crimes were actually established to fight the abuse and circulation of abused substances. Each region has its own set of drug laws and the federal government has its own longstanding technique. There are, however, several crucial type-differentiating the two, that being that while most of local and state drug apprehensions 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 apprehensions 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, certainly, depends upon the nature of the crime and on the criminal history and age of the individual being accused.
Federal Drug Crimes Penalties
Federal drug crimes penalties and punishments are separated into categories, much like states. Each transgression 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 due to the amount of drugs involved. Sentences for distribution and trafficking may be compelling and can carry 5 or 10-year mandatory minimum sentences, depending on the amount involved.
- Manufacturing can be charged if an individual contributes in cultivating or manufacturing an abused substance. Cultivation relates to utilizing the naturally occurring processes of illegal drugs, like cultivating marijuana. An individual can also be accused of manufacturing, producing or creating more synthetic illegal drugs through a chemical process or in a laboratory, including cocaine. Drug manufacturing sentences can lead to a prison sentence that can carry 5 or 10-year mandatory minimums also, depending upon the amount.
- 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 may 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 type of controlled substance sequestered by authorities.
All these convictions lead to a forfeiture of property, for instance, 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 stakes are extremely 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 will have to be tailored to the particular 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 proof. If a defendant in a criminal case (usually through a criminal defense lawyer) can prove that the police officer 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 Utah
At this moment, a lot must be going through your mind. With the charges of federal drug crimes accumulating, it may be a very challenging and disheartening ordeal. Don’t strike a deal with the authorities before you talk to an experienced attorney. Although they may seem willing to help, a law enforcement officer’s primary goal is to gather proof that can and will be used against you.