Federal drug crimes were created to fight against the abuse and circulation of controlled substances. Each state has its own collection of drug regulations and the federal government also has its own established strategy. There are, however, certain distinctions differentiating the two, that being that while most of local and state drug arrests are made on property charges (over half for marijuana), the lion’s share of federal drug convictions are for trafficking. Federal charges can also be normally harsher in penalty, with a lot longer sentencing. State apprehensions have the tendency to be more lenient, with charges usually involving the option of probation, a temporary detainment in a local jail, or a fine. This, naturally, depends on the type of crime, the criminal history and age of the individual being accused.
Federal Drug Crimes Penalties
Federal drug crimes penalties and punishments are classified into categories, much like states. Each crime has its own specific guidelines:
• Distribution and trafficking is the accusation of selling, delivering, or providing controlled 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 may be compelling and can carry 5 or 10 year mandatory minimum sentences, depending on the quantity involved.
• Manufacturing could be charged if a particular person contributes in cultivating or manufacturing a controlled 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 more synthetic controlled substances through a chemical process or in a laboratory, including cocaine. Drug manufacturing sentences can result in a prison sentence that can carry 5 or 10 year mandatory minimums also, depending on the quantity.
• Possession is the most usual form of drug charge, including the possession of a dangerous drug. If the amount of the substance found in the defendant’s possession are of a greater amount, it may be used to indicate felony possession with an intent to distribute. Drug possession penalties on a federal level can differ depending upon many elements, including the form of abused substance sequestered by authorities.
All these convictions result in a loss of property, such as vehicles used in the transport or concealment of a controlled substance. This is in addition to the relinquishment of federal benefits including student financings or loans, grants, contracts, and professional and commercial licenses.
Defense of Federal Drug Crimes
The stakes are particularly high in cases of federal drug crimes, and must be met with a solid and strong defense. Each case is inherently a complicated one and the strategy for winning will have to be designed to the unique circumstances surrounding the case. One of the most common defenses used in a drug charge (especially a drug possessions charge) is the claim that a policeman violated search and seizure laws in detaining a person and acquiring proof. If a defendant in an criminal case (usually through a criminal defense lawyer) can prove that the cops breached the defendant’s Fourth Amendment rights in locating and seizing drug evidence, that evidence may not be admissible in a criminal case against the defendant.
Federal Drug Crimes Lawyer in New Mexico
Understandably, a lot must be running through your mind. With the charges of federal drug crimes accumulating, it can be a very daunting and disheartening ordeal. Don’t strike a deal with the police officer before you see a knowledgeable attorney. They may seem ready to help, a law enforcement officer’s primary goal is to gather evidence that can and will be used against you.