Drug crimes can be serious offenses that put you behind bars for years, if not life. When talking about drug crimes, or crime in general, there are both state and federal crimes. State and federal crimes can be broken simultaneously and result in different charges depending on the state, judge, and sentencing.
What Are Federal Drug Crimes?
States and federal law are two different sets of laws. The state will prosecute you separately from the federal government if you have been prosecuted for a crime. What defines it being a federal crime is the seriousness of the offense. Lesser drug crimes such as possession are almost entirely handled by the state, even though the offense is also a federal crime.
Let’s say you were charged with possession of cocaine. This is both a federal and state crime, but as long as the amount does not exceed a certain quantity and you aren’t manufacturing it yourself, then the federal government likely won’t charge you for possession, leaving it up to the state. However, if you went over the personal use limit for cocaine and are instead charged with intent to distribute, chances are high that you will be given both federal and state charges. In some cases, the state will back out and leave it completely up to the federal government to sentence you, but these cases are rare and are usually those resulting in life in prison.
Some common federal drug crimes are:
- drug trafficking.
- drug manufacturing.
- possession of controlled substances.
- drug conspiracy.
All of these drug crimes on the federal level have different sentences based on the amount of the drug in question. For instance, possession crimes can quickly turn into drug trafficking charges if carried across borders, quantity is higher than personal use, manufacturing, and more.
Typically, the Schedule or federal restriction that is placed on the drug in question will constitute how severe the crime is.
- Schedule I drugs include Ecstasy, Heroin, LSD, and Bath Salts. These are drugs with no recorded medical use and have a high potential for misuse with severe health concerns as a result. You may find it surprising, but marijuana is still a Schedule I drug, despite the legalization seen in recent years in an increasing number of states.
- Schedule II drugs are those such as methamphetamines with a high potential for misuse but have some medical use.
- Schedule III drugs include depressants like ketamine, anabolic steroids, and some appetite suppressants. These are drugs which have been approved for medical use while having a relatively high abuse chance.
- Schedule IV drugs such as Xanax have a low potential to be
- Schedule V drugs such as prescription cough syrup carry little to no potential for abuse.
If the drug you were caught in possession of was Schedule I, II, or II, then you will face much more severe charges from the federal government.
Can I Be Charged Federally in a Legal State?
Technically it is possible, but it is highly unlikely. Federal crimes are usually seen as much more severe. Drug crimes such as trafficking, manufacturing, distribution, or intent to sell are all federal crimes. Being charged with possession on the state level will usually not get you in trouble with the federal government unless the amount was over the personal limit, making it an intent to distribute charge.
Drug crimes are likely to be the most heavily influenced by the state and federal laws individually. With so many states making certain drugs decriminalized for medical or recreational use, it makes it somewhat difficult to tell when something is and isn’t legal. However, for the most part, so long as you are following state laws, you won’t be charged with anything from the federal government.
How to Defend Against a Federal Charge
There is very little you can do in the face of a federal charge outside of protecting your rights and hiring an attorney. A drug crimes attorney who is proficient in the defending of cases on both the state and federal level will give you the highest chance of defending yourself in the face of criminal charges.
Typically defending yourself will involve knowing who you should and shouldn’t talk to. One of the biggest mistakes that people make in the face of police is agreeing to everything they say. This could be allowing them to drug test you, letting them search your property without a warrant, or simply answering all of their questions.
Speaking to a lawyer first and foremost about what you should and shouldn’t say is the best option you can have. Being considered uncooperative in drug cases will be a minor offense and won’t impact the result of the charges you receive from the court much, if at all.
What are Felonies?
One of the most personally damaging charges you can face is a felony. These are common among federal crime charges, and they can significantly impact your life even after you have served jail time or paid fines.
Felonies are typically tagged onto charges and will follow you for the rest of your life. Currently, there is almost nothing you can do to get them expunged or dismissed. Employers, traveling states, gun ownership, international travel, and many more of your rights are significantly impacted when tagged with a felony charge. Your range of employment options tank to virtually zero if you have a felony, and many countries will restrict or block your visitation if you have a felony on your record.
If you are being convicted federally with a felony charge, fighting it as best you can should be your priority. If you simply let it go, a felony on your record is life altering for you and your family. To get the best possible results, you should hire an experienced attorney to defend your case.
An Expert Attorney for Your Drug Case
If you find yourself facing criminal charges, one of the first calls you should make is to Kathleen Alvarado, a professional criminal defense lawyer with experience helping clients fight both state and federal charges. Years of successful defenses fuel her knowledge and ability to help you lessen, dismiss, or otherwise defend your criminal case.