Federal drug crimes were determined to defend against the abuse and distribution of controlled substances. Each state has its own set of drug laws and the federal government has its own longstanding approach as well. There are, however, several essential factors differentiating the two, that being that while the majority of 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 charges 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, naturally, depends upon 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 abused substances 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 might be compelling and can carry 5 to 50-year mandatory minimum sentences including fines, depending on the bulk involved.
- Manufacturing may be charged if a person plays a role in cultivating or manufacturing an abused substance. Cultivation relates 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 carry fines and jail time of 10 to 50 years as mandatory minimums also, depending on the quantity.
- Possession is 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 can be used to suggest felony possession with an intent to distribute. Drug possession penalties on a federal level can vary depending on many factors, including the form 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 illegal drug. 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 technique for winning has 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 evidence. 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 Iowa
Given this information, a lot must be going through your head. With the charges of federal drug crimes piling up, it can be a very daunting and disheartening ordeal. Don’t strike a deal with the police before you see an experienced attorney. Although law enforcement may seem eager to help, their main goal is to gather evidence that can and will be used against you.