Texas prosecutes drug crimes under both state and federal law. Federal charges typically often carry harsher penalties and are considered more severe. Federal drug crimes include possession, trafficking, manufacturing, and conspiracy. If you are facing a federal drug offense, having a skilled criminal attorney with experience arguing cases in the federal system is extremely important.
What Are Federal Drug Crimes?
Federal drug crimes violate the Controlled Substances Act (CSA). The CSA regulates the manufacture, possession, and distribution of controlled substances. Federal drug crimes are specific to the CSA and are prosecuted in federal court.
Federal drug crimes typically involve interstate drug transportation, large quantities of drugs, or a connection to organized crime. If drug activity happens on federal property, those would also be federal offenses. The DEA and FBI typically investigate federal drug crimes.
Possession
Federal possession charges are more severe than state-level offenses, and federal law mandates penalties for the crimes. The charges depend on the drug’s classification under the federal drug schedule. Schedule I drugs have stricter penalties than Schedule III drugs. Possession penalties can increase with prior convictions or if the offense occurs near schools or protected areas.
Drug Trafficking and Distribution
Drug trafficking refers to the sale, transport, and distribution of controlled substances. Prosecutors vigorously pursue trafficking cases because they are often linked to border crossing activity and organized crime. The cases usually involve large quantities of drugs.
Trafficking penalties vary based on the drug type and quantity, but federal crimes carry mandatory minimum sentencing for many charges. Additional factors, such as using a firearm, also contribute to longer sentences.
Drug Manufacturing
Manufacturing controlled substances is another serious federal offense. Federal agents can charge anyone involved at any stage of the drug manufacturing process. Drug manufacturing charges often overlap with trafficking and conspiracy charges. The overlap leads to harsh penalties.
Conspiracy in Drug Crimes
Drug conspiracy is one of the most commonly charged federal offenses. Conspiracy happens when two or more people agree to commit a drug-related crime and act on that agreement in some way. The crime does not have to be completed. Prosecutors don’t need to prove that the crime was completed or even that drugs were recovered. Participating in planning or facilitating a drug operation can lead to a conspiracy charge. Conspiracy penalties are equal to the penalties for the crime that was conspired to.
How Federal Drug Cases Are Prosecuted
Federal drug cases are often more complex than state-level cases. They typically involve the cooperation of multiple federal agencies, and it may take years to build cases against individual defendants and criminal organizations.
Federal drug crimes also have mandatory minimum sentences, and the prosecutors and judges often lack discretion. Federal cases, like state cases, have the option for plea deals, but a skilled defense attorney is needed to negotiate those deals.
A strategic and thorough defense attorney can build a defense against federal drug charges. Defense strategies may include arguing that the search was unlawful or that the crimes lacked intent. It is crucial to hire an attorney as early as possible so they can begin to look over the case and argue on your behalf.
The Importance of Legal Representation
Federal drug cases are more complex, and federal prosecutors tend to have significant resources. A skilled federal defense attorney can build a defense strategy and negotiate with federal prosecutors. An effective lawyer can advocate for a more favorable outcome to your case.
Every case is unique, but The Law Office of Kerrisa Chelkowski understands federal drug law and can help guide you through the complex process of dealing with a federal drug charge. Please contact our law office so we can assist you and protect your rights.