Federal drug crimes were essentially created to avoid the abuse and circulation of controlled substances. Each area has its own set of drug laws and the federal government has its longstanding technique. There are, however, several essential variations differentiating the two. 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 typically harsher in the punishment, with lengthier 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, naturally, depends on the nature of the crime and 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, much like states. Each felony has specific guidelines:
- Distribution and trafficking is the accusation of selling, delivering or providing legal drugs illegally. The charge generally becomes a federal issue, not because it crosses state lines, but as a result of the amount of drugs involved. Sentences for distribution and trafficking can be long depending on the bulk involved.
- Manufacturing may be charged if an individual plays a role in cultivating or manufacturing an abused 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 also result in lengthy prison sentences.
- Possession is one of 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 larger amount, it can be used to suggest felony possession with intent to distribute. Drug possession penalties on a federal level can vary depending upon many factors, including the kind of dangerous drug sequestered by authorities.
These convictions lead to a forfeiture of property, like vehicles used in the transport or concealment of a dangerous drug. This is in addition to the removal or 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 technique for winning will have 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 police officer violated search and seizure laws in detaining a person and acquiring proof. If a defendant in a criminal case (usually through a criminal defense attorney) can prove that the authorities violate the defendant’s Fourth Amendment rights in getting and seizing drug evidence, that evidence may not be admissible in a criminal case against the defendant.
Federal Drug Crimes Lawyer in Kansas
At this moment, a lot must be going through your head. With the charges of federal drug crimes piling up, it could be a very intimidating and disheartening ordeal. Don’t strike a deal with the authorities before you see a skilled attorney. They may seem prepared to help, a police officer’s primary goal is to gather evidence that can and will be used against you.