What are federal drug charges? These serious criminal allegations involve violations of federal drug laws and can result in severe, life-altering consequences, including lengthy prison sentences (often with mandatory minimums) and substantial fines. Unlike state-level drug crimes, federal charges typically involve larger quantities of controlled substances, cross multiple state lines, or occur on federal property.
When Do Drug Cases Become Federal Matters?
Both state law and federal law prohibits the possession, sale, and manufacturing of certain drugs. Drug charges are usually prosecuted federally (rather than at the state level) when:
- Interstate Activity: Drug transportation or trafficking crosses state boundaries.
- Large Quantities: Significant amounts of controlled substances are involved. This can depend on the type of drug involved. Certain drugs, like methamphetamine and fentanyl are more likely to be prosecuted at the federal level, even in smaller quantities. For other drugs like cocaine and marijuana, it usually takes a larger amount of drugs for the feds to be interested in prosecuting the case.
- Organized Crime: Multiple participants coordinate drug distribution networks. When drug crimes involve alleged gang members or large drug distribution networks that cross an international boundary, the feds are likely to bring racketeering charges in lieu of, or in addition to, drug charges.
- International Connections: If the case involves allegations that a person brought drugs across the border, then those cases are more likely to be prosecuted federally, regardless of the weight involved.
- Investigation Source: Cases developed by federal agencies (DEA, FBI). Sometimes a case begins as part of another investigation that is led by a federal agency such as the DEA or FBI. In those cases, even if the new case is one that would usually be prosecuted at the state level, the feds may bring charges because it was conducted by a federal law enforcement agency.
- Severity: Drug crimes involving a serious injury or death may be prosecuted at the federal level due to the severity of the injury. This is especially true in cases involving fentanyl because of the increased federal scrutiny on fentanyl cases in general.
Simple drug possession can be a federal crime. However, it usually is not charged federally without some other aggravating circumstance. When simple possession is charged federally, these cases usually involve:
- Location: Possession on federal property.
- Prior History: Multiple previous drug convictions.
- Connection with Other Alleged Crimes: If there are other charges alleged, such as illegal possession of a firearm, or sex crimes, then simple possession may be charged as a federal crime.
Trafficking and Distribution
Is trafficking a federal crime? Drug trafficking represents one of the most serious federal drug charges prosecutors pursue. These cases involve:
- Manufacturing controlled substances
- Distributing illegal drugs
- Importing/exporting narcotics
- Operating continuing criminal enterprises
Drug trafficking is another way to describe the large-scale sale of illegal drugs. Federal law, 21 U.S.C. § 841(a)(1), states that it is unlawful for any person to knowingly or intentionally:
- Manufacture, distribute, dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or
- Create, distribute, dispense, or possess with intent to distribute or dispense, a counterfeit substance.
What are federal drug charges' potential consequences? Penalties typically include:
- Mandatory Minimum Sentences: Often at least 5-10 years. If there is an allegation that guns were possessed in connection with the drug offense, then the mandatory minimum could increase even more.
- Substantial Fines: Up to millions of dollars
- Asset Forfeiture: Loss of property connected to drug activity. Property can be seized prior to trial.
- Supervised Release: Extended monitoring after imprisonment
Defense Strategies
When facing federal drug charges, several defense approaches may apply:
- Constitutional Violations: Challenging illegal searches or seizures. Many federal drug charges begin with a search of your person, home, vehicle, or place of business. The search may have been conducted with or without a warrant. It is very important to have an experienced attorney review the circumstances of the search to see if the police violated your constitutional rights in conducting the search.
- Entrapment: Proving government inducement
- Lack of Knowledge: Demonstrating absence of criminal intent
- Insufficient Evidence: Questioning proof of possession or control
Read more about our drug crimes practice and our defense in federal cases.
Recent Trends in Federal Drug Prosecution
The landscape of federal drug offenses continues evolving:
- Focus on Opioid Crisis: Increased prosecution of prescription drug cases
- Marijuana Policy: Changing enforcement priorities
- Sentencing Reform: Modified mandatory minimums
- Alternative Programs: Drug court expansion
Importance of Experienced Defense Counsel
Federal drug charges require specialized legal representation:
- Complex Procedure: Understanding federal court systems. Federal courts have specialized rules that differ from those in state court systems. You need an experienced attorney who understands what rules and deadlines apply to federal drug charges. Contact Us today to learn how our firm can help you fight your federal drug charges.
- Evidence Analysis: Reviewing extensive documentation. Federal drug cases can involve a wide variety of evidence such as lab reports, wiretaps, surveillance videos, and search warrants. Each piece of evidence should be carefully reviewed to determine how best to challenge the government’s evidence in your case.
- Negotiation Skills: Working with federal prosecutors. It is important to have an experienced attorney who knows how to leverage the facts and circumstances of your case to get the best result possible.
- Sentencing Guidelines: If you enter a guilty plea or are convicted after trial of a federal drug charge, you need an attorney with the skills and experience to review the applicable Sentencing Guidelines. These federal sentencing guidelines can be complicated. There have been many developments and changes in the application of these guidelines over the past few years. It is vital that your attorney is aware of the most recent changes in order to get the lowest possible Guideline Offense Level for your case.
What to Do If Charged
If facing federal drug charges:
- Remain Silent: Exercise right against self-incrimination. This means don’t answer any questions. Some people will try and answer a few questions in order to try and figure out “what the police know.” Remember that the police are allowed to lie and deceive you. Therefore it is vital that you say “I will not speak to you without my attorney.” This demand for an attorney must be clear. Do not equivocate. Do not say “I think I need a lawyer.” Or “Maybe I should call a lawyer.” Use a short declarative sentence like “I need my lawyer first.” Police are then supposed to stop all questioning.
- Contact Attorney: Seek experienced federal defense counsel. Immediately reach out to an experienced attorney, like those at Garland, Samuel, & Loeb, P.C. to learn how we can best represent you, given the unique facts and circumstances of your case. Contact us.
- Preserve Evidence: Maintain relevant documentation. Keep copies of anything you have, such as the business card of the police officer or agent involved in your case or any search warrant paperwork left with you. Remember that destroying evidence is a separate crime and if the police discover that you have – by way of example – deleted text messages from your phone because you believe they are incriminating – you could be facing additional charges on top of any federal drug charges.
- Follow Instructions: Comply with release conditions. If you are released on bond then it is very important to follow any and all conditions of your bond. Be proactive and stay in touch with your lawyer so you don’t accidentally miss a court date or check in with your pretrial officer.
Eager to Know More?
Facing federal drug charges is a serious matter that can have lifelong consequences. Now that you have a clearer understanding of what charges are federal, you may have more specific questions about your case or the legal process. If you're unsure whether your situation involves federal drug charges seeking legal advice is crucial.
At Garland, Samuel & Loeb, P.C., we specialize in defending against all types of federal drug charges. If you or a loved one is facing federal prosecution, contact us to discuss your case with one of our experienced attorneys and work immediately to protect your rights and begin building your defense strategy.
Read more about our drug crimes practice, our defense in federal cases, and our defense of gun charges.
Disclaimer: This blog post provides general information about federal drug charges. It does not constitute legal advice. For specific guidance about your case, please contact our law firm directly.
